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1999-202 NOTF First Amendment - Ordinance No. 99-412 NOTE'I Second Amendment - Ordinance No 99-437 ORDINANCE NO AN ORDINANCE AUTHORIZING THE SETTLEMENT OF LITIGATION STYLED THE CITY OF DENTON, TEXAS v DENTON COUNTY FRESH MATER SUPPLY DISTRICT NO lA AND DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO 5, CAUSE NO 99-40158- 362, PENDING IN THE 362ND DISTRICT COURT OF DENTON COUNTY, TEXAS, PURSUANT TO THE TERMS STATED IN THE ATTACHED COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS AND ANNEXATION AGREEMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT/ANNEXATION AGREEMENT AND ALL DOCUMENTS NECESSARY TO EFFECT THE SETTLEMENT, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS, AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the settlement of litigation styled City of Denton, Texas v Denton County Fresh Mater Supply D~strtct No lA and Denton County Fresh Water Supply Dtstrtct No 5, Cause No 99-40158-362, pending in the 362 hereby approved pursuant to the terms stated in the attached Compromme Settlement Agreement Release of Clmms and Annexation Agreement SECTION II. That the City Manager is hereby authorized to execute the attached Settlement Agreement, Annexation Agreement, and all other documents necessary to effect settlement The City Manager and the City Attorney are further anthonzed to take all other actions necessary to finalize the settlement and release of clmms including to make any expenditures necessitated by the settlement SECTION III That this ordinance shall become effective immediately up its passage and approval PASSED AND APPROVED thm the /,~-TC~ day of ~ ,1999 JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 16 01058 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAI~IS 090195 THIS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS (hereinafter referred to as the "Agreement") ts by and between the CITY OF DENTON, TEXAS ("Denton"), DENTON COUNTY FRESH WATER SUPPLY DISTRICTS NOS lA & 5 ("Districts"), and VIOLET PP. OPERTIES ASSOCIATES, L P, ("Property Owner"), all collectively referred to as the "Parties" RECITALS A There is now pending m the $62nd District Court o£Denton County, Texas a lawsuit styled C~O~ of Denton, Texas v Denton CounO: Fresh Wate~ Supply D~tr~ct No IA & Denton Coun(y Fresh Water Supply Dtstrtct No 5, Cause No 99-40158-362 (the "Lawsmt"), wherein D¢~nton, among other claims, challenges the vall&ty of the purported formation of the D,stncts withm Denton's city hmlts and extraterritorial juns&ctlon on land owned by Property Owner (the "Property," as fully described in Exhtbit A attached hereto and incorporated heretn by reference), as more particularly described m the Lawsmt B The Property Is the only land included within the Districts that lies withtn Denton's city hrmts or extratemtonal juns&etlon C The Parties understand and agree that the claims asserted by each agmnst the other are m &spute and that they desire to settle such dispute by compronuse to avoid the uncertainties, lnconvemence and expense of further litigation and to buy peace D SubJect to the terms and conditions contatned herein, the Parties have agreed and do agree to a full and final settlement and release of all claims which each may have against the other COMI~ROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 1 O1059 arising out of the Lawsuit NOW, THEREFORE, for and in consideration of the recitals set forth above and the covenants and undertakings hereinafter set forth, the Parties agree that the Lawsuit shall be settled and compromised upon the following terms and conditions I Dismissal of Claims Following upon and subject to the occurrence of certain events herelnaiter described, the Parties shall request an agreed upon order from the district court dismissing all claims asserted against one another in the Lawsuit, w~th prejudice, and directing that each party shall bear its own costs and attorneys' fees Prior to dismissal of such claims the following events shall occur a Pursuant to Tex Water Code sec 49 305 and all other apphcable provisions of law, Property Owner shall petition District No 5 for exclusion of the Property from the District in accordance with all procedures and standards required by law b District No 5 shall duly publish notice for and conduct a heanng in the manner provided by applicable law, including but not limited to procedures contained in Tex Water Code ch 49, sub-chapter J, concerning exclusion of the Property from the District c District No 5 shall exclude the Property from the District boundaries in accordance w~th all procedures and standards required by law d Denton and Property Owner shall execute an Annexation Agreement concerning annexation, land use and development, and provision of city services to the Property, substantially in the form of Exhibit B, a copy of COMPROM][SE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 2 U I6 01060 which is attached hereto and incorporated by reference herein 2 District Release Districts release and waive all claims, rights, and interests they may have to exercise jurisdiction over the Property following removal of the property from the boundaries of District 5 Districts acknowledge that the Property lies within Denton's CCN for water and wastewater faciht~es and that Denton is the provider of water and wastewater servme to the Property 3 Notice Required Districts covenant and agree that, notwithstanding any provision of state law or order, resolution or ordinance of the District(s) to the contrary, ten (10) business days prior to inclusion of any land within the boundaries of the District(s) that lies within Denton's city lin'uts or extraterritorial jurisdiction, whether such inclusion is to occur by petition of the landowner, or by independent action of the District(s), notice of such proposed inclusion of land shall be g~ven to Denton, in the manner provided in this agreement, prior to the time that the govermng body for the District(s) considers whether to include such land Districts further covenant and agree that such obligation to notify Denton shall be a condition precedent to vahd enactment of any order, resolution, ordinance or other action ~ncludmg such land w~thin the boundaries of the District(s) 4 No Petition for Serrates Property Owner covenants and agrees that it shall not petition for inclusion of the Property, or any other property that it now owns or may hereafter own within the corporate limits or extratemtonal jurisdiction of Denton, in the boundaries of the Districts, nor seek service from any provider of any service identified in the annexation Service Plan for the property, incorporated as Exhibit C to this agreement, including water, wastewater, roads, drainage, emergency services, solid waste collection, other than Denton, without Denton's COM~ROMISE SETTLEMENT AGREEMENT AND RELE,~,$E Ol~ ALL CLAIMS Page 3 EI6 01061 express written consent 5 Comnlete Release of Claims Concomitant wtth the entry of the order d~sm~ss~ng the Lawsmt tn the manner above prowded for, the Parhes release all clmms and causes of actton each may have agamst one another arising out of the Lawsuit, except for an action to enforce thts Agreement Thereupon, all matters m dtspute between the Part,es winch have been, are, or could have been alleged m tins and all other causes, described herem, both known and unknown, mcludtng, but not hrmted to, all matters m any way related to or anslng out of the Lawsuit, ~ncludtng without hmltat~on any clmms for damages agatnst Denton premised upon Tex Loc Gov't Code ch 43, ch 395, the Texas Water Code, or pursuant to any state or federal statutory or constttutmnal provts~on, or any declaratory or mjuncttve rights anstng out of Tex Loc Gov't Code ch 245, shall be completely and forever compronmsed and settled 6 Duty to Effect If tins Agreement should be held tnvahd or unenfomeable tn whole or tn part, the Parhes agree to employ every legal method, means or procedure avatlable m order to effectuate the underlying purpose of the Agreement 7 Complete Agreement Tins Agreement constitutes the entire agreement between the Part,es regarding the subject matter contained herexn, supersedes any prior understanding or written or oral agreements or representattons concermng the same, and can be modified only by a written mstrument subscribed to by the Parhes Each Party to tins Agreement represents that tt ts acttng on tts,own free will and voluntarily, and that tt ts tn no way ralymg upon any promise, warranty, representatton or agreement of any kind whatsoever, made d~rectly or indirectly, by any agent, employee, or attorney of the Part,es betng released or any person or firm In pnwty wtth the Pames being released, and each party understands that flus ~s a fi~ll, final and complete settlement COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 4 EI6 01062 of all claims of any hnd or character whatsoever, both known or unknown, arising out of those matters described herein 8 No Liabdlty Tins Agreement is made solely for the purpose of avoiding further htlgation and making peace between the Parties, and that in entenng into tins Agreement, the Parties are not adnutting liability, but are expressly denying habihty 9 No Future Llainhty It is the express intent of the Parties to this Agreement that each of the Parties shall not be exposed to any further liabilities, including claims and suits for damages, relating to any matter presented by any Party in the Lawsuit 10 No Assignment of Claims The Parties warrant that no clams, demands, damages, actions, causes of action or suits in equity hereby released have been assigned to any tinrd-party and that tins Agreement is executed without reliance on any statement or representation made by any third-party winch is not contained herein 11 No Influence The undersigned each warrant that no inducements have been made to any of them on behalf of the Part,es released hereby, and that in deciding to release their clams and to execute fins Agreement, each has rehed solely and only upon their own judgment and the advice given to them by their attorney, whom they have selected 12 Joint Preparation Tbas Agreement shall be deemed to have been jointly prepared by all Parties hereto, and no amblgmty oftbas Agreement shall be construed aganst any party based upon the ~dentlty of the author of tins Agreement or any portion thereof 13 Applicable Law Tbas Agreement shall be governed by, construed and mterpreted, and the rights of the Part,es determined m accordance with the laws of the State of Texas, and venue of any dispute concermng tbs Agreement shall be tried in a court of competent jurisdiction COMi~ROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 5 h16 01063 sitting in Denton County, Texas 14 Statements Binding Statements and representations contmned herein, ~ncluding recitals, are to be considered contractual ~n nature and not merely reatat~ons of fact 15 Severabditv In the event any one or more of the provisions of this Agreement shall, for any reason, be held tnvahd, ,llegal or unenforceable In any respect, such lnvahdity shall not affect any other prov~s~on here~n 16 S,n~zular to Include Plural Ail references here, n in the singular shall be construed to ~n¢lude the plural where apphcable, the maseuhne to include the fermn,ne and neuter genders and all covenants, agreements and obhgat~ons here~n assumed by the Part,es shall be deemed to be joint and several covenants, agreements and obhgations of the several persons named here~n 17 Successors & Assigns This Agreement shall be b,ndlng on and ~nure to the benefit of each and every party to flus Agreement, and their successors, officers, employees, amgns, agents, and legal representatives w~th respect to any and all of the claims brought agmnst any and all Pames herein released 18 Authority to Execute Each of the stgnatones to ttus Agreement represents and warrants that he is authorized to execute ttus Agreement and bind ins pnnc~pals to the terms and prows~ons hereof Each party warrants that any action reqmred to be taken m order for this Agreement to be binding on ~t has been duly and properly taken prior to the executton of this Agreement, and that there are no other pames or ent~t~es required to execute this Agreement ~n order for ~t to have bmdmg effect Spectfically Denton represents and warrants that this Agreement was duly approved by the Oty Councd of the City of Denton, Texas adopted at an open meeting of the Oty Council of Denton m accordance wtth the Texas Open Meetings Act, COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 6 0106 Chapter 551 of the Texas Local Government Code Likewise, Districts represent and warrant that ti'ns Agreement was duly approved by the respective Board of Directors of District No 1-A on June 15, 1999, and of District No 5 on June 15, 1999, each action taken dunng an open meeting of the Board for each District in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Local Government Code 19 Notice Any not~ce, demand or other communication required to be served on any Party hereunder shall be void and of no effect unless g~ven m accordance with the provisions oftlus Section All notices shall be m writing and shall be delivered personally or sent by overraght courier service, by certified or registered manl, postage pre-pand, or by facsimile transmission Notices shall be deemed received, m the case of personal delivery, when delivered, in the case of overmght courier service, on the next business day aider dehvery to such service, In the case of reading, on the third day after mmhng (or, if such day is a day on which deliveries of mall are not made, on the next succeeding day on wluch dehvenes ofmml are made), and, in the case of facsianle transnusslon, upon transnuttal dunng normal business hours All notices, demands and other commumcatlon shall be given to the part~es hereto at the following addresses Each party may change to address and the designated recipient to wtuch notice may be sent to that party by given notice of such change in accordance with ttus Section Denton Property Owner Herbert L Prouty, Keith McGlame~ Denton City Attorney Jenkens & G~lchnst 215 E McICanney St 1445 P, oss Ave, Ste 3200 Denton, TX 76201 Dallas, TX 75202 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL/~LAIMS Page 7 0106 Distr~ct No. 1-A District No 5 Jeffrey W Hurt Jeffrey W Hurt Leonard Hurt Frost & Lilly, P C Leonard Hurt Frost & Lilly, P C 600 N Pearl St, Suite 900 600 N Pearl St, Suite 900 Dallas, TX 75201 Dallas, TX 75201 20 Survival This Agreement and the representations, warranties, and covenants set forth hereto shall survive the discovery ofd~fferent facts and shall continue m full force and effect and be unaffected by the discovery of different or ad&tlonal facts 21 Multiple Copies This Agreement may be executed in multiple counterparts, each Much taken together shall constitute one and the same instrument 22 Auth0nt¥ Delegated The Part,es hereto mutually and simultaneously by these presents authorize and d~rect their respective attorneys to execute and deliver for entry such ~nstruments as may be necessary to obtmn the results contemplated by th~s Agreement including without hmltat~on the entry of the request for entry of order d~srmssmg the Lawsmt 23 A~eement Understood Each Party to this Agreement warrants and represents that it has read the above and foregoing Agreement, and every word of it, and each party to flus Agreement understands that it is a full, final and complete settlement and release of all claims, held, owned or possessed m any capacity whatsoever by each releasing party as agmnst each released party 24 Attorney's Fees & Costs Each Party to this Agreement shall bear its own attorney's fees and costs 25 Remedies It is the intent of the Parties that, ~n addition to any other remedies made avmlable by law, that either Party may seek specific performance of this Agreement or any COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 8 EI6 01066 provision hereof in the event of breach or attempted breach 26 Annexation A~reement The Parties acknowledge that there exists an Annexation Agreement,between Denton and the Property Owner coneermng the Property, a copy of whmh is attached hereto and incorporated by reference herein as Extub~t B, which sets forth covenants concermng annexation, land use and development, and provision of city services to the Property, and which ~s to be executed s~multaneous w~th execution oftlus Agreement IN WITNESS WHEREOF, the Pames have executed flus Agreement effective~th~s the -' ~]'--'l CITV~F DENTON, TEXA~ ~TEST' '° . ] Aee owb AS TO ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON /') On ,flus ~ day o~, 1999, before me personally appeared Mmhael Jez, City Manager of the C~ty of Denton, Texas and acknowledged to me that he executed the foregoing instrument m h~s authorized capacity for and on behalf ofth~lty of Denton ] t*('"~]*] NotaryPubllo, Stateof Texas [ FOR THE STATE OF TEXAS ~ ~.~,, .~ MAY 9, 2002 CO~ROMISE SET~EMENT AGEEMENT ~D ~LEASE OF ~L CLA~S Page 9 0106 Fresh Water Supply District No lA ATTE ' .-~ ACKNOWLEDGMENT STATE OF TEXAS __ COUNTY OF~ ,~A O.n ttus ~ day of June, 1999, before me personally appeared//~/'Cr~t~Z c. ~/)~M K. -]>E.P_g., for Denton County Fresh Water Supply District No lA, and - ac owledged to me that tie executed the foregomg instrument in his authorized capacity for and on behalf of the D~strmt ~ {*['1~"}*] Notary ~bl~c l~ FOR THE STATE OF TEXAS ~ ~.~ .'~?,~/ STATE OF TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 10 h16 01068 DISTRICT NO 5 ~e~.;,,~.~f' , Fresh Water Supply D~stnct No 5 ATTEST D~stnct No $ Secretary ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF '~ ,~ On.th~s 2, ;'+'"'day of June, 1999, before me personally appeared"~l~ ~/r~'~.'4 ~ for Denton County Fresh Water Supply D~stnct No 5, and acknowledged to me that he executed the foregoing instrument in hm authonzed capacity for and on behalf of the D~strict ~. PMMI~SION EXPIRES JguBt 2~, 1999 FOR THE STATE OF TEXAS COMPROMISE SETTLEMENT AGREEMENT ANP RELEASE OF ALL CLAIMS Page 11 / 01069 APPROVAL BY COUNSEL ~tate Bar No 14454075 at Terry Morgan & Associates d Hurt Frost & Lilly, P C Attorneys for the City of Denton Attorneys for the Districts State Bar No 05316300 Jenkans & Cnlchnst Attorneys for Property Owner COMPROMIISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Psge 12 EI6 010 0 PROPERTY OWNER' VIOLET PROPERTIES ASSOCIATES, L.P , a Delaware lu-arted partnership By First Regency Enterprises, Inc, its General Parmer Name ] ' Robert H~ Rodger~,Jr Title Vice President STATE OF NEW YORK § COUNTY OF ~/~,~ § On this ~'°day of June, 1999, before me personally appeared Robert H Rodgers, Jr, Vice President of Ftrst Regency Enterprises, Inc, a Delaware ILrmted partnership, General Partner of Violet Properties Associates, L P, a Delaware limited partnership, and acknowledged to me that he executed the foregoing instrument in his authorized capacity for and on behalf of said limited partnership g/ota~/Pubhc, State of N*w No 01VA5082616 ~alg~ ~n $~olk Cou~iy .*o.,*-, Notary Public In and For The Sta~c~of Nedw York Commlssm E~plms July Printed or Typed Name of Notary REDAL 200067 1 40989-00001 LEGAL DESCRIPTION 502.880 ACRES BEING A 502.880 ACRE ~CT OF ~ S~A~ ~ ~ ~ S~ S~Y, ~S~ NO. 1182 ~ 1187, ~ ~Y S~ S~Y~ ~S~CT NO 1181, ~ SP~C~ O~ S~Y, ~S~ NO. 468, ~ B~ B, ~ C.~ S~Y, ~S~CTNO. 158, ~ ~ E. p~O S~Y, ~S~ NO. 994, D~ON CO~, ~S ~ B~G P~T O~ ~CT I CO~ BY D~ TO ~OLET P~OPEE~S ASSOrtS, L. P, ~CO~ ~ CO~ ~'S ~.P NO. 98- 019205, ~ PKOP~ ~CO~S, D~ON CO~, ~S. S~ 502.880 AC~ ~CT, ~ B~G BASIS B~G ~ MOST ~S~Y ~ O~ S~ ~CT I, B~O MO~ P~C~Y DES~ BY ~S ~ BO~S AS POLLOWS: BEG~G AT A 1~" ~ON ROD FO~ FOR ~ NOR~ST CO~ OP S~ ~CT I, S~ PO~ B~G ON ~ SO~T ~O~-OP-WAY ~ OF ~RSTA~ ~O~AY 3~-W (A V~LE ~CE, DEP~O S~ SO--ST ~O~F-WAY, ~ONO ~ CO~ON L~ OF ~O~S~ ~CT I ~ ~ SO~ ~ OP ~CT H CO~ BY S~ D~ TO ~LWOOD~c~C~, L~. ~CO~ ~ VOL~ 2470, PAOE 678, DEED ~CO~S, D~ON CO~, ~, ~ FOLLO~O ~ CO~SES ~ DIST~CES. SO~ 89 DEO~ES 57 ~S 58 ~CO~S ~ST, A DIST~ OF 274.15 ~ET TO A I~" ~ON ROD FO~ FOR CO~ SO~ 00 DEO~ES 27 ~S 57 SECO~S ~ST, A DIST~CE OF 497.64 ~T TO A I~" ~ON ROD FO~ FOR CO~ NOR~ 89 DEO~ES 58 ~S 18 SECO~S ~ST, A DIST~CE OF ~90.42 FEET TO A I~" ~ON ROD FO~ FOR CO~ ~ ~O~ P~ RO~ ( A V~ ~ P~SC~ ~O~.OF-WA~, ~CE,NOR~ 00 DEO~ES 06 ~S 45 SECO~S ~ST, ~ ~ D~C~ON OF IO~ P~ RO~, ~ONO ~ ~ST L~ OF S~ ~CT I, ~ ~ EAST L~ OF S~ ~LWOOD~c~C~, L~ ~CT H, A DIST~ OF 3640 35 ~T TO A 1~" ~ON ROD FOU~ AT ~ ~EC~ON OF S~ ~O~ P~ RO~ ~ lO.SON RO~ (A V~ ~ P~SC~ ~O~- OF-WA~, ~OM ~ A 60D NA~. B~ NORTH 36 DEO~S 41 ~S 03 SECO~S '~ST, A DIST~CE OF 9.~ ~; 1 ~SLD\WILLOWIi~9 ~ I~DATA'~BNTON~NS May 28,1999 3.7. 416 0107;' THENCE NORTH 89 DEGREES 44 MINUTES 44 SECONDS EAST, WITH THE GENERAL DIRECTION OF JOHNSON ROAD, ALONG THE NORTH LINE OF SAID TRACT I, THE NORTHERNMOST SOUTH LINE OF SAID HILLWOOD/IVloCUTCHIN, LTD TRACT H, AND THE, SOUTH LINE OF A TRACT OF LAND CONVEYED BY DEED TO ALBERT HUGHES, RECORDED IN VOLUME 3129, PAGE 752, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 3083,72 FEET TO A 1/2" IRON ROD FOUND AT NORTHEAST CORNER OF SAID TRACT I, AND THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED BY DEED TO L Z BROWN, RECORDED IN ¥OLUME 290, PAGE 382, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 00 DEGREES 28 MINLFFES 34 SECONDS ~VEST, ALONG THE EAST LINE OF SAID TRACT I AND THE WEST LINE OF SAID BROWN TRACT, A DISTANCE OF 2769 75 FEET TO A 5/8" IRON ROD FOUND AT THE SOLrITIWEST CORNER OF SAID BROWN TRACT AND THE NORTHEASTERLY INTERIOR ELL CORNER OF SAID TRACT I; THENCE SOUTH 88 DEGREES 19 MINUTES 00 SECONDS EAST, ALONG THE COMMON LINE OF SAID TRACT I AND THE SOUTH LINE OF SAID BP, OWN TRACT, A DISTANCE OF 2347.45 FEET TO A 1/2" IRON ROD FOUND FOR TI-IE NORTI-IEAST CORNER OF SAID TRACT I AND ~ SOUTHEAST CORNER OF SAID BROWN TRACT, SAID POINT LYING ON THE WEST LINE OF A TRACT OF LAND CONVEYED BY DEED TO WILLIAM T SMITH AND WIFE, NONA SMITH, RECORDED IN VOLUME 284, PAGE 187, DEED RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 00 DEGREES 32 MINUTES 58 SECONDS WEST, ALONG THE COMMON LINE OF SAID TRACT I AND SAID SMITH TRACT, A DISTANCE OF 148 29 FEET TO A 2" IRON PIPE FOUND IN TI-IE NORTI-1WEST RIGHT-OF-WAY OF LINE OF AFORESAID TEXAS AND PACIFIC RAILROAD (A 100 FOOT RIGHT-OF-WAY); THENCE SOUTH 27 DEGREES 34 MINUTES 34 SECONDS WEST (BEARING BASIS), ALONG SAID NORTHWEST RIGHT-OF-WAY, A DISTANCE OF 1746 79 FEET TO A POINT FOR CORNER, SAID POINT LYING ON THE NORTH LINE OF CITY LIMITS FOR THE CITY OF ARGYLE AS DESCRIBED IN VOLUME 794, PAGE 388, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 89 DEGREES 48 MINUTES 30 SECONDS WEST, OVER AND ACROSS SAID TRACT I AND ALONG SAID NORTH LINE OF THE CITY OF ARGYLE, PASSING AT A DISTANCE OF 4584.09 FEET THE NORTHERLY NORTHWEST CORNER OF SAID CITY OF ARGYLE AND CONT1NLENG IN ALL A TOTAL DISTANCE OF 4609 09 TO A POINT FOR CORNER IN WEST LINE OF AFORESAID JOHN PAINE ROAD AND BEING 25 FEET EAST OF THE WEST I lIVE OF TH~ CITY OF LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN S)S~rD INSTRUMENT; I ~SLI)~WII..~OWLI~.98~20040 I~,qDATA~ENTON.FN$ May 28, 1999 18. 01073 ~C]~ SOUTH 00 DEGREES 08 MINUTES 54 SECONDS F.~ST~ WITH SAID WEST LINE OF JOHN PAINE ROAD AND 25 FEET 'NEST OF AND PARALLEL.TO THE SAID WEST LINE OF THE CITY LIMITS OF THE CITY OF ARGYLE, A DISTANCE OF 767.10 FEET TO A POINT FOR CORNER, SAID POINT LYING 25 FEET NORTH OF THE NORTH LINE OF THE SAID CITY LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID INSTRUMENT; TI-IENCE SOUTH g9 DEGREES 57 MINUTES 52 SECONDS WEST, ~TMITH TI~ NORTHERLY LINE OF CRAWFORD ROAD (A VARIABLE ~rIDTH PRESCRIPTIVE RIGHT-OF-WAY) AND 25 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF THE SAID CITY LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID INSTRUMENT, A DISTANCE OF 2350.87 TO A POINT FOR CORNER IN THE EAST LINE OF A TRACT OF LAND CONVEYED BY DEED TO JOE T. SIMPSON AND SPOUSE, BARBARA J. SIMPSON, RECORDED IN VOLUME 3097, PAGE 570, DEED RECORDS, DENTON COUNTY, TEXAS, THENCE NORTH 00 DEGREES 06 MINUTES 15 SECONDS EAST, ALONG THE WEST LINE OF SAID TRACT I AND THE EAST LINE OF SAID SIMPSON TRACT, A DISTANCE OF 372 84 FEET TO A 5/$" IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID SIMPSON TRACT, THENCE NORTH 89 DEGREES 47 MINUTES 03 SECONDS WEST, ALONG THE SAID WEST LINE AND THE NORTH LINE OF SAID SIMPSON TRACT, A DISTANCE OF 199 88 FEET TO A 1" IRON PIPE FOUND AT THE NORTHWEST CORNER. OF SAID SIMPSON TRACT IN THE EAST LINE OF A TRACT OF LAND CONVEYED BY DEED TO JED ARTHUR COOPER AND ~FE, CAROL JOY COOPER, RECORDED IN VOLUME 3097, PAGE 459, DEED RECORDS, DENTON COUNTY, TEXAS, THENCE NORTH 00 DEGREES 12 MINUTES 13 SECONDS EAST, ALONG SAID WEST AND EAST LINES, A DISTANCE OF 428.(~3 FEET TO A 1/2" IRON ROD FOLrND AT THE NORTHEAST CORNER OF SAID COOPER TRACT; THENCE SOUTH 89 DEGREES 43 MINUTES 30 SECONDS WEST, ALONG SAID WEST LINE, TH~ NORTH LINE OF SAID COOPER TRACT, AND TI~ NORTH LINE OF A TRACT OF LAND CONVEYED BY DEED TO DOUGLAS TURNER AND WIFE, JEANETTE, RECORDED IN VOLUME 643, PAGE 443, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 437.36 FEET TO A 2" IRON PIPE FOUND IN THE EAST LINE OF TRACT IV CONVEYED BY DEED TO HILLWOOD/McCUTCHIN, LTD, RECORDED IN VOLUME 2470, PAGE 678, DEED RECORDS, DENTON COUNTY, TEXAS; ~CE I~OP, TH 00 DEGREES 28 MINUTES 31 SECONDS WEST; ALONG SAID WEST 1 ~qLD\WILLOWI.,I~200401 ~SDATAkOENTON.FNS May 28, 19~9 ~ ~. LINE AND TH~ EAST ~ OF SAID TRACT ~Uv', A DISTANCE OF 4~ '~6 ~EET TO A 1" IRON ROD FOUND IN THE AFORESAID SOUTHEAST RIOHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35-W (A VARIABLE WIDTH RIGHT-OF-WAY), THENCE ALONO SAID WEST LINE AND SAID SOUTHEAST RIGHT-OF-WAY, THE FOLLOWINO THREE COURSES AND DISTANCES NORTH 29 DEGREES 23 MINUTES 45 SECONDS EAST, A DISTANCE OF 692 68 FEET TO A CONCRETE MONUMENT FOUND FOR CORNER, NORTH 23 DEGREES 59 iVENUTES 37 SECONDS EAST, A DISTANCE OF 201 38 FEET TO A CONCRETE MONUMENT FOUND FOR CORNER, NORTH 29 DEOREES 23 MINUTES 41 SECONDS EAST, A DISTANCE OF 50 58 FEET TO THE POINT OF BEOINNINO AND CONTAINING 502 880 ACRES OF LAND, MORE OR LESS, SURVEYORS CERTIFICATE I, MICHAEL J. BAITUP, REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THE HEREON LEGAL DESCRIPTION ACCURATELY REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A SURVEy, L'..5.DE ON THE (]ROUND UNDER MY DIRECTION AND SUPERVISION AND 5/8" IRON RODS CAPPED "CARTER & BUROESS" HAVE BEEN SET AT ALL BOUNDARY CORNERS, UNLESS OTHERWISE NOTED. THE MONUMENTS OR MARKS SET, OR FOUND, ARE SUFFICIENT TO ENABLE RETRACEMENT RE(],STERED"RO"ESS'ONALI2"U' SURVEYOR TEXAS P,]3OIS~TION NO 4574 I ~S LD\WiLLOWLK~ 820040 BSDATA~DENTON.FNS May 28, 1999 20. q ~ 16 010 7 5 ~xhlbit B to Compromme Settlement A~reement ANNEXATION AGREEMENT Thl! agreement is made by and between the CITY OF DENTON, TEXAS ("Denton") and VIOLET PROPERTIES ASSOCIATES, L P, ("Property Owner"), collectively referred to as the "Parties" RECITALS A Property Owner owns land within Danton's city limits and extraterritorial .lunsdlction, as fully described in Exhibit A attached hereto and incorporated herein by reference (hereinaf~er "the Property") and seeks to develop the Property as a planned resident, al development B Denton has lmtlated proceedings to annex the Property Denton desires to have the Property w~thin the corporate hmits of the City and to provide municipal servmes to development that occurs on the Property in accordance w~th the annexation Service Plan attached hereto as EXhlblt B C Property Owner has submitted an application for initial zoning of the Property as a Planned Development District, including a proposed Concept Plan, together vath proposed land uses, residential densities, signage, provisions for open space and development standards governing development of the property A copy of the application is attached hereto as Exhibit C, which is ,incorporated herein by referenoe D The Parties desire to have the Property developed as a high quality residential development consistent w~th Denton's Development Plan and Growth Management Strategy E The Parties acknowledge that there is now pending an ordinance to annex the Property to,the City of Denton 01076 NOW, THEREFORE, for and in consideration of the recitals set forth above and the covenants and undertakings hereinafter set forth, the Parties agree as follows Section L Annexation, Land Use and DeveloDment of the Prooertv 1 Consent The Property Owner hereby condtttonally consents to annexation of the Property to the City of Denton subject to the hrmtatlons contoaned in tins agreement 2 Process ofZomng Apphcatton The Property Owner shall fully cooperate to assure that the City ~s able to process and take final action on ~ts apphcatlon for estabhshment of a Planned Development D~str~ct prior to the effective date of the annexation of the Property 3 Consideration of Planned Development Ordinance Prtor to the effective date of any ordinance annerang the Property to the City, the City Council shall consider and take action on an ordinance proposing to estabhsh a planned development dtsmct (PDD) for the Property In response to the Property Owner's proposed request for amendment of the zomng ordinance, ut~hztng procedures mandated by state law and City ordinance Such ordinance, ~f adopted, shall take effect simultaneous w~th the effective date of the annexation ordtnance, prowded, however, that in no event shall the C~ty establish the effecttve date of the annexation of the Property beyond the last date for annerang the land under the procedural requirements of state law 4 Pettt~on for Dtsannexatton In the event that the Ctty Council foals to enact an ordinance estabhsinng a planned development dtstnct for the Property that contoans provisions substanttally slrmlar to those m the appheation attached as Exinint B hereto, the Property Owner may petttion for dtsannexatton of the Property Denton hereby consents to the Property Owner's right to request dtsannexatton of the Property tn part or tn whole and agrees to duly consider such 2 O1077 request 5 Develonment Under Denton's Regulattons The Property Owner shall develop the Property m compliance w~th Denton's zomng, subd~vis~on and development regulations In the event of dis-annexation of the Property, Denton's subd~vtston and development regulations shall apply to the development of the Property m accordance with apphcable law 6 Provision of Facdit~es a Open Space Simultaneous w~th approval of a final plat for the first phase of the development, the Property Owner shall dedicate at least fifty (50) acres of land for use as a regional detention pond, other dratnage facfl~ttes, and open space facilities for the Property, m the general location and under the specific condtttons outhned in Exlublt C wtuch shall constitute sattsfactlon of the City's parkland de&cation requirements b School Site The Property Owner shall designate two school sites ~n ~ts conceptual plan of development for use by the Argyle Independent School Dtstnct one me apprordmately ten (10) acres m size and one s~te approramately fifteen acres m s~ze If a planned development d~stnct ~s approved for the Property, each school site may be used for smgle-famdy residences m the event the school district does not acquire such site c Road Improvements The Property Owner shall dedmate sufficient right- of-way to Denton County for improvement of Crawford Road at the time of approval of the final plat for the first phase of the development d Improvement A~reement The spec~fication oflmprovements and the 3 01078 t~rmng of~nstallat~on shall be addressed in a subdivision ~mprovement agreement for the property H. Provision of Mumcmal Services to the Prooertv 1 Mumcloal Services-Generally Denton shall provide general municipal services to the Property m accordance with the annexation Service Plan, which ~s attached hereto as Exhtbit B and which ~s made a part hereof by reference 2 Water Service Denton shall extend City water lines and provide other water facdities of sufficient capacity to serve the development of the Property, as authorized m the planned development district The descnptton of the improvements, their capacity, estimated costs and the formula for allocation of costs to the Property ~s set forth in Exhibit D attached hereto and made a part hereof by reference Thereafter, Denton shall be the sole promder of water serwces to the Property The Property Owner or tts successors-in-interest shall pay ~mpact fees for water treatment after the date that the water lines are made available to serve the development, at rates as then may be m effect The Property Owner and its successors-In- interest shall not be charged ~mpact fees for water treatment for the first 250 res~dant~al braiding pernuts that are ~ssued for development of the Property, or for the number of braiding pernuts issued prior to the date that Denton's water hnes are made avmlable to serve the Property, whmhever number ofbmldmg permits ~s greater The Property Owner's obhgat~on to reimburse the C~ty for the costs of water hne extensions ~s set forth m par II 5 of this agreement 3 Wastewater Serrate Denton shall extend C~ty wastewater lines of sufficient capacity to serve the development of the Property, as authorized in the planned development d~stnct The description of the ~mprovements, their capacity, estimated costs and the formula for 4 QEI6 01079 allocatton of costs to the Property ts set forth tn Exhtblt E attached hereto and made a part hereof by reference Thereafter, Denton shall be the sole prowder ofwastewater services to the Property The Property Owner or its successors-m-interest shall pay ~mpact fees for wastewater treatment after the date that the wastewater hnes are made avadable to serve the development, at rates as then may be tn effect The Property Owner's obhgatton to retmburse the C~ty for the costs ofwastewater hne extension ~s set forth tn par II 5 ofth~s agreement 4 Interim Water and Wastewater Servtce Denton will cooperate w~th the Property Owner ~n procunng ~ntenm water and wastewater service from the Argyle Water Supply Corporatton and the Ctty of Argyle, respectively, to serve the development of the Property untd the Ctty's water and wastewater hnes can be extended to serve the Property, which ~s estimated to be January,,2001 Agreements for prov~ston of such servmes shall be solely between Denton and the interim serwee provtder Dunng the per~od of interim servme, and until such t~me that Denton has extended water and wastewater facilities to the Property, an apphcant who ~s ~ssued a braiding pemut for a smgle-famdy dwelling wdl not be charged an ~mpact fee for water or wastewater treatment by Denton 5 Repawnent of Wg~er and Wastewater Imvmvements The Property Owner agrees to repay tts propomonate share of Denton's water and wastewater hne extensmn costs, together wtth the costs of associated water tmprovements, tn accordance with the following prowstons a Denton shall compute the total costs of the water hne extensions for the facthties sermng the Property Interest charges, esttmated to be 6%, shall be tncluded, based upon a 15Nyear term for bonds tssued Denton shall compute the Property Owner's share of the costs of water hne extenstons on a capacity basts by 5 01088 multtplymg the total costs of extending the hnes by a ratio equal to the number of h,ang umt equivalents authorized for the Property by the total number of living umt eqmvalents for wtuch the faczllttes are destgned The Property Owner's share of such sum shall be converted to an annual payment for debt service ("annual water cost") The water cost per living unit eqmvalent for the Property shall be deterrmned by dtvtdlng the total cost of the water line extensions by the total number ofhwng umt equivalents to be served by the extension Total estimated water extenston costs, the Property Owner's estimated share of the costs, the total number of hwng umt eqmvatents served by the extension, the estimated annual water cost, and the estimated water cost per living unit eqmvalent are set forth ~n Exh~btt D In determmzng the costs oftmprovements and the amount to be reimbursed to the C~ty, the actual costs of ~mprovements and the actual tnterest rate shall be used m place of the estimates contained tn Exhlbtt D It ~s understood and agreed that the Property Owner shall not be responsible for the costs of looping water hnes on the Property other than as expressly provided for m th~s Agreement b Denton shall separately compute the total costs of the wastewater hne extenstons for the facdtt~es serving the Property and the C~ty of Argyle Interest charges, esttmated to be 6%, shall be tncluded, based upon a 15-year term for bonds issued Denton shall compute the Property Owner's share of the costs of wastewater line extenstons on a capactty basis by multiplying the total costs of extending the hnes by a ratto equal to the number ofhwng unit equivalents 6 O1081 authonzed for the Property by the total number of hwng umt equivalents for winch the facilities are designed The Property Owner's share of such sum shall be converted to an annual payment for debt serwce ("annual wastewater cost") The wastewater cost per hwng unit equivalent for the Property shall be deternuned by dividing the total cost of the wastewater line extensions by the total number of living umt equivalents to be served by the extension Total estimated wastewater extenston costs, the Property Owner's estimated share of the costs, the total number of living unit equivalents served by the extenston, the esumated annual wastewater cost, and the estimated wastewater cost per hving unit equivalent are set forth in Exhibit E In determmtng the costs of improvements and the amount to be reimbursed to the City, the actual costs of improvements and the actual interest rate shall be used in place of the estimates contmned tn Exhibit E c Denton shall establish separate escrow accounts for recetpt of payments towards the annual water cost and the annual wastewater cost d At the beginning of each calendar year, after completion of the water and wastewater llne extensions and for the term of tins agreement, the Property Owner shall deposit with the City an irrevocable letter of credit or other sufficient security approved by the City Attorney for Denton tn the amount of the total of the annual water cost and the annual wastewater cost Upon drawing of any letter or credit or surety so prowded, the full amount of the letter of credtt or surety shall be restored m full witinn thirty days thereai~er e At the time of application for a building perrmt for each dwelhng unit to be 7 0108 constructed on the Property, the applicant shall pay into the escrow accounts for water and for wastewater facilities established pursuant to subsection c an amount equal respectively to the water cost per living umt equivalent ("water line charge") and wastewater cost per hvmg unit equivalent ("wastewater line charge") Payment of such charges shall be considered a condition of building permit ISSUance f One month prior to the date for making each annual debt service payment, Denton shall determine whether funds in each escrow account are sufficient to pay the annual water cost and the annual wastewater cost respectively To the extent that the water hne charges or wastewater line charge collected are insufficient to pay such amount, Denton shall notify the Property Owner of the deficiencies in either account, if any In deterrmmng whether sufficient funds erast, the City shall take into account any excess payments of water line charges or wastewater line charges for preceding years If the Property Owner does not contribute the deficiency to the escrow accounts vatinn ten days of receipt of notice under tins subsection, the City may draw upon the applicable letter of credit or other security deposited with the City g Funds deposited into escrow vath the City pursuant to this section may be used to pay the costs of or debt sermce on the City's obligations to fund the water and wastewater improvements identified in Exhibits D and E h At the time that 90% of the building pernuts for the residential units authorized for the Property under the planned development district regulations 8 01083 have been ~ssued, the Property Owner shall become obhgated to repay to the City the enUre unpaid cost remmmng for the water and wastewater lines no later than the ttme of the next payment due on the bonds Upon ~ssuance of the building pernut for the dwelhng umt eonstttutmg the threshold ~denufied ~n this section, the City vall notzfy the Property Owner that the remalmng debt ~s due and orang The Property Owner shall be responsible for a pro-rata share of the cost of other water tmprovements needed to serve the Property, including a booster pump and a ground storage facility proposed to be located on the property At the time that b~ds are entered for such facflltms, the City shall compute the Property Owner's share of the costs, based upon a capacity analysis, and shall notify the Property Owner that such costs are due and owing prior to issuance of additional building pernuts for the Property Dedication of any portion of the Property for location of such facilities, ff any, together w~th payment of the pro rata share of the costs of improvements, shall be credited against impact fees for water treatment facflmes, in the manner provided under the City's ~mpact fee regulations The Property Owner shall be responsible for all on-s~te costs of water and wastewater ~mprovements except those ldenafied m Exhibits D and E, provided, however, that Denton will partm~pate m the costs of improvements that have been oversized in accordance wath standard C~ty practices 111. General Provisions 1 Impact Fee Waiver Property Owner hereby expressly waives any protest, claim or contention that any prov~sion of ttus Agreement constitutes or authorizes the impo smon of an 9 Ol08h impact fee m contravention of Texas Loc Gov't Code ch 395 2 Remedlas a The Property Owner's fadure to renew annually any letter of credit or other security required by tbas Agreement, or failure to restore the amount of any letter o~'cred~t or other security m full following Denton's drawing upon such instrument w~tban the applmable t~me period, as required by par II 5 hereof, shall be considered a default under th~s Agreement and a breach thereof, and shall cause the entire unpaid amount of the Property Owner's share of the cost of the water hne and wastewater line extensions to become due and owing b The full amount of the Property Owner's share of the costs of Denton's water and wastewater hne extensions to serve the Property, as set forth m Paragraph II $ ofth~s Agreement, shall constitute a lien on the Property, wtuch shall have priority over all other hens Property Owners shall cause directly or indirectly to be placed upon the Property Property Owner shall execute any documents that may be reasonably reqmred by the City Attorney to establish flus hen Such documents shall be recorded m the deed records of the County Clerk, Denton County, Texas (1) Property Owner shall not allow any other obhgauons to be placed on the Property wtuch have priority over tl~s lien w~thout Denton's written consent Any attempt to place a lien on the Property that has priority over the hen provided for m tl~s subsection shall constitute default under tbs Agreement and shall cause the entire unpmd balance of the 10 01085 obhgatmon secured by the hen to become due and payable (2) In the event of default under subparagraph (a) or subparagraph (b)(1) ofttus section, Denton shall have the right to foreclose the lien m the manner and to the extent provided by law (3) Upon satisfaction of obligation to pay the annual water cost and the annual wastewater cost as provided for in par II 5 hereof, at the time for annual renewal of the letter of credit or other surety, the Property Owner may apply for and Denton shall grant a reduction mn the amount secured by the lien equal to such annual costs The Property Owner or Its successors-m-interest also may request and Denton shall grant a partial release from the hen for any lot or tract included within the Property for which water and wastewater line charges have been prod pursuant to par II 5 e In no event, however, shall the value of the portions of the Property then subject to the lien be less than the amount of the Property's Owner's unpaid share of the combined water line extension costs and wastewater hne extension costs (4) The provisions oftlus subparagraph III 2 b and paragraph II 5 of ttus agreement shall be Denton's sole remedy for breach of the Property Owner's obhgataons set forth in par II 5 c Except for any remedies expressly provided under subsections (a) and (b), whmh shall be exclusive, the Parties to this Agreement also shall be entitled to any other remedy avmlable at law or m equity, including the right to specific 11 O1086 performance of ttus Agreement or any provision hereof in the event of breach or attempted breach 3 Notice Any notice, demand or other commumcation required to be served on any Party hereunder shall be void and of no effect unless given in accordance with the provisions of this Section All notices shall be in writing and shall be delivered personally or sent by overnight courier service, by certified or registered mall, postage pre-prod, or by facsimile transmission Notices shall be deemed received, in the case of personal delivery, when delivered, in the case of overmght courier service, on the next business day after delivery to such service, m the case of marling, on the tturd day after ma~hng (or, if such day is a day on which deliveries of mall are not made, on the next succeeding day on which deliveries of mad are made), and, in the case of facsinule transwasslon, upon transnuttal dunng normal business hours All notmes, demands and other commumcation shall be given to the parties hereto at the followmg addresses Each party may change to address and the designated recipient to which notice may be sent to that party by given notice of such change m accordance with this Section Denton Property Owner Herbert L Prouty, Violet Properties Assoaates, L P Denton City Attorney c/0 Keith McGlamery 215 E McFanney St Jenkens & Galehnst Denton, TX 76201 1445 Ross Ave, Ste 3200 Dallas, TX 75202 cc Huffines & Partners, Inc AWn Donald Huffines 8222 Douglas Ave, Ste 660 Dallas, TX 75220 4 Succs ors & As i ns Ttus Agreement shall be binding on and inure to the benefit 12 01083 of each and,every party to tbs Agreement, and their successors, officers, employees, assigns, agents, and legal representatives It is specifically understood and agreed that the obhgatlons of Property Owner hereunder shall run with the land and shall be binding on any successor owner or owners of the Property Upon the sale or conveyance of all interest in the Property, the selling or conveying Property Owner shall be released in writing by Denton from any and all obligations hereunder upon the occurrence of any one of the following conditions (1) either the selling or conveying Property Owner or party which will be the successor Property Owner has prowded an an excrow or other security reasonably acceptable to Denton securing the payment of the entire unpaid obligations under Paragraph II 5, (2) the value of the undeveloped portion of the Property at the time 0fsuch sale or conveyance has a fair market value at least two times the amount of the unpaid obligation under Paragraph II, (3) Denton has reasonably determined that the party wtuch will be the successor Property Owner has creditworthiness not less than the creditworth~ness of the selling or conveying Property Owner, or (4) Denton has otherwise approved the release of the selling or c0nveylng Property Owner 5 Duty to Effect Ifttns Agreement should be held invalid or unenforceable in whole or in part, the Parties agree to employ every legal method, means or procedure available in order to effectuate the underlying purpose of the Agreement 6 Complete A~reement This Agreement constitutes the entire agreement between the Parties regarding the subject matter contained herein, supersedes any prior understanding or written or oral agreements or representations concerning the same, and can be modified only by a written instrument subscribed to by the Parties Each party to this Agreement warrants and represents that it has read the above and foregoing Agreement, and every word of it, and that ~t is 13 h16 01088 acting on ~ts own free vail and voluntanly, and that it Is in no way relying upon any promise, warranty, ropresentauon or agreement of any land whatsoever, made darectly or indarectly, by any agent, employee, or attorney of the Parties hereto or any person or firm m pnvlty with the Parties 7 No Influence The undersigned each warrant that no Inducements have been made to any of them on behalf of the Pames released hereby, and that m dectdmg to release their claims and to execute thas Agreement, each has relied solely and only upon thear own judgment and the advice given to them by their attorney, whom they have selected 8 Jmnt Preparation Thts Agreement shall be deemed to have been jointly prepared by all Pames hereto, and no ambiguity of this Agreement shall be construed against any party based uponlthe adentlty of the author of thts Agreement or any portion thereof 9 Applicable Law Ttus Agreement shall be governed by, construed and interpreted, and the rights of the Parties determined an accordance wath the laws of the State of Texas, and venue of any daspute concermng th~s Agreement shall be reed an a court of competent.lunsdictaon sattlng an Denton County, Texas 10 Statements Bmdm~ Statements and representataons contmned hereto, including recatals, are to be considered contractual an nature and not merely recitations of fact 11 Severabflltv In the event any one or more of the provasions of this Agreement shall, for any reason, be held anvahd, illegal or unenforceable In any respect, such lnvalad~ty shall not affect any other prov~sion herean 12 Singular to Include Plural All references herein in the singular shall be construed to include the plural where applicable, the mascuhne to include the fermnme and neuter genders and all covenants, agreements and obligations hereto assumed by the Partaes shall be deemed to be 14 010 9 joint and several covenants, agreements and obligations of the several persons named herein 13 Authority to Execute Each of the signatories to tlus Agreement represents and warrants that he is authorized to execute tins Agreement and brad his pnncipals to the terms and prov~sions hereof Each party warrants that any action reqmred to be taken in order for this Agreement to be binding on It has been duly and properly taken prior to the execution of this Agreement, and that them are no other parues or entitles required to execute th~s Agreement m order for it to have binding effect 14 Survival This Agreement and the representations, warranttes, and covenants set forth herein shall survive the discovery of different facts and shall continue ~n full force and effect and be unaffected by the discovery of d~fferent or additional facts 15 Multiple Copies Ttus Agreement may be executed in multiple counterparts, each wluch taken together shall constitute one and the same instrument and may be executed on separate signature pages 16 Authority Delegated The Part,es hereto mutually and s~multaneously by these presents authorize and d~rect their respectnve attorneys to execute and dehver for entry such instruments as may be necessary to obtain the results contemplated by tlus Agreement 17 Rec0rdm~ Upon execution by all Parties, thts Agreement shall be recorded In the IVltscellaneous Deed Records ofm the office of the County Clerk, Denton County, Texas 15 q 16 01090 ~ IN WITNESS WHEREOF, the Parties have executed this Agreement effective this the ay o ~f-~In~, 1999 TY~ By ATTEST' 2 tEity Secretary City Attorney ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON On this/~,i~ day of I~, ~'~, before me personally appeared I~ch~l~e~ rC~t,.Yo~n Manager of the l;~ty ofDent~)~,~-:~a-s~d acknowledged~o me that he execute e 0 g g instrument in his authorized capacity for and on behalf ~g~ae City ~D~en.t~¢ ,., ;: -.~-- . i~hRY PI]TBLI~')/IN AND ~. o, ff. :~*'_~ ANN FORSYTHE ~ FOR THE STATE'Or TEXAS ~>;;,~' MAY 9, 2002 ~ 16 EI6 01091 APPROVAL BY COUNSEL. Teny D l~lorgan ~) ~q~han~ Dahlstrom StateBarNo 14454075 StateBarNo 05316300 Terry Morgan &Assoctates Jenkins & Culchnst Attorneys for the Ctty of Denton Attorneys for Property Owner 17 h16 O109Z PROPERTY OWNER' VIOLET PROPERTIES ASSOCIATES, L.P , a Delaware hmlted partnership By F~rst Regency Enterprises, Inc, ~ts General Partner Nme Robert H Rodgc~s~, Jr T~tle Vtce President STATE OF NEW YORK § COUNTY OF -~-~ § On thls. f'~day of J'une, 1999, before me personally appeared Robert H Rodgers, Jr , V~ce President of F~rst Regency Enterprises, Inc, a Delaware lmuted partnership, General Partner of Vmlet Properties Associates, L P, a Delaware hm~ted partnership, and acknowledged to me that he executed the foregoing instrument m his authorized capamty for and on behalf of smd hmlted partnership ALISON E VAZQUEZTttl. "/ /,,~...~ No 01VA5082615 Oual~f,ed ,rI Suffolk Counbt...?.~. N0ta~y Public In and For ;rhe~/ate o~New York Comm~s~on Expires July 28, Printed or Typed Nme of Notary My Comm~ss,on Expires REDAL 200067 1 40989-00001 ,- t .~.GAI, D]~SC~tlPTION 502.880 A~S ~ A 5~2.880 A~ ~T OF ~ 8~A~ 8~Y, ~S~ ~O 1182 ~ 1187, ~ ~Y NO 1181,.~ SP~C~ O~ S~,~S~NO. 4~8, ~OLET tROPiCS ASSOC~S, L. P., ~CO~ ~ CO~ ~'S ~ NO. 98- 01920~, ~ P~OP~ ~CO~S, D~ON CO~, ~' 8~ 502.880 AC~ ~CT, ~ B~G BASIS B~O ~ MOST ~Y ~ Or S~ ~CT I, 'B~O MO~ P~~Y D~SC~ BY ~ ~ BO~S AS YOLLOWS: BEG~ AT A 1~" ~ON ROD BO~ fOR ~ NO~ST CO~ O~ S~ L~ Or ~O~S~ ~ I ~ ~ SO~L~ O~ ~CT H CO~ BY S~ DE~ TO ~LWOOD~c~C~, L~. ~CO~ ~ VOL~ 2470, PAGE ~78, DEED ~CO~S, D~ON CO~, ~, CO~S ~ DISTilS: SO~ 89 DEGAS 57 ~S 58 ~CO~S ~ST, A DIST~ OF 274.15 ~T TO A l~" ~ON ~OD BO~ rOE CO~ SO~ 00 DEGAS 27 ~ 57 SECO~S ~ST, A DIST~CE OY 497 54 ~T TO A 1~" ~ON ROD rO~ rO~ CO~ NOR~ 89 D~O~S 58 ~S 18 SECO~S ~ST, A DIST~ Or ~90.42 ~T TO A I~" ~ON ROD rO~ rOK CO~ ~ JO~ P~ RO~ ( A V~L~ ~ P~SC~ ~O~-O~-WA~; ~CE NOK~ 00 D~O~S 05 ~S D~C~ON O~ JO~ P~ ~O~, ~ONO ~ ~ST L~ O~ S~ ~LWOOD~c~C~, 3540 35 ~T TO A 1~' ~ON ROD ~OU~ AT p~ ~ ~ JONSON ~O~ (A V~L~ SECO~S ~8T, A DIST~C~ OF 9.~8 ~LD~WILLOV/Lk'~20040 I~DATAt~DI~q~N Jqq~ 1999 ~7. Ei6 THENCE NORTH 89 DEGREES 44 MINUTES 44 SECONDS EAST, WITH THE GENERAL DIRECTION OF JOHNSON ROAD, ALONG TH~ NORTH LINE OF SAID TRACT I, TH~ NORTHERNMOST SOUTH LINE OF SAID HILLWOOD/McCUTCHIN, LTD TRACT II, AND THEISOUTH LINE OF A TRACT OF LAND CONVEYED BY DEED TO ALBERT 1L HUGHES,IRECORDED IN VOLUME 3129, PAGE 752, DEED RECORDS, DENTON COUiXrry, TEXAS, A DISTANCE OF 3083.72 FEET TO A 1/2" IRON ROD FOUND AT TH~ NORTHEAST CORNER OF SAID TRACT I, AND THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED BY DEED TO L Z BROWN, RECORDED IN ¥OLUME 290, PAGE 382, DEED RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 00 DEGREES 28 MINUTES 34 SECONDS WEST, ALONG THE EAST LINE OF SAID TRACT I AND THE WEST LINE OF SAID BROWN TRACT, A DISTANCE OF 2769.75 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHWEST CORNER OF SAID BROWN TRACT AND THE NORTHEASTERLY INTERIOR ELL CORNER OF SAID TRACT I; THENCE SOUTH 88 DEGREES 19 MINUTES 00 SECONDS EAST, ALONG THE COMMON LINE OF SAID TRACT I AND THE SOUTH LINE OF SAID BROWN TRACT, A DISTANCE OF 2347 45 FEET TO A 1/2" IRON ROD FOUND FOR THE NORTI-IEAST CORNER OF SAID TRACT I AND THE SOUTHF-AST CORNER OF SAID BROWN TRACT, SAID POINT LYING ON THE WEST LINE OF A TRACT OF LAND CONVEYED BY DEED TO WILLIAM T SMITH AND WIFE, NONA SMITH, RECORDED IN VOLUME 284, PAGE 187, DEED RECORDS, DENTON couixrl~, TEXAS, THENCE SOUTH 00 DEGREES 32 MINUTES ~8 SECONDS WEST, ALONG THE COMMON LINE OF SAID TRACT I AND SAID SMITH TRACT, A DISTANCE OF 148 29 FEET TO A 2" IRON PIPE FOUND IN THE NORTHWEST RIGHT-OF-WAY OF LINE OF AFORESAID TEXAS AND PACIFIC RAILROAD (A 100 FOOT RIGHT-OF-WAY), THENCE SOUTH 27 DEGREES 34 MINUTES 34 SECONDS WEST (BEARING BASIS), 1746 79 FEET TO A ALONG SAID NORTHWEST RIGHT-OF-WAY, A DISTANCE OF CITY LIMITS FOR POINT FOR CORNER, SAID POINT LYING ON THE NORTH LINE OF THE CITY OF ARGYLE AS DESCRIBED IN VOLUME 794, PAGE 388, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 89 DEGREES 48 MINUTES 30 SECONDS WEST, OVER AND ACROSS SAID TRACT I AND ALONG SAID NORTH LINE OF THE CITY OF ARGYLE, PASSING AT A DISTANCE OF 4584.09 FEET THE NORTHERLY NORTHWEST CORNER OF SAID CITY OF ARGYLE AND CONTINUING IN ALL A TOTAL DISTANCE OF 4609.09 TO A POINT FOR CORNEK IN WEST LINE OF AFORESAID JOHN pAINE ROAD AND BEING 25 FEET EAST OF ~ WEST LINE OF THE CITY OF LIMITS OF THE CITY OF ARGYLE AS DESC~BED IN SA/D INSTRUMENT, I ~SLD~WILLO~,t/LK~820040 I~SDATA~DENTON FNS May 28, 1999 01095 THENCE SOUTH 00 DEGREES 08 MINUTES 54 SECONDS EAST, WITH SAID WEST LINE OF'JOHN PAINE ROAD AND 25 FEET WEST OF AND PARALLEL.TO THE SAID WEST LINE OF THE CITY LIMITS OF THE CITY OF ARGYLE, A DISTANCE OF 767.10 FEET TO A POINT FOR CORNER, SAID POINT LYING 25 FEET NORTH OF THE NORTH LINE OF THE SAID CITY LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID INSTRUIVIENT; THENCE SOUTH 89 DEGREES 57 MINUTES 52 SECONDS WEST, WITH TH~ NORTHI~RLY LINE OF CRAWFORD ROAD ( A VARIABLE WIDTH PRESCP, IPTIVE RIGHT-OF-WAY) AND 25 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF THE SAID CITY LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID INSTRUMENT, A DISTANCE OF 2350.87 TO A POINT FOR CORNER IN THE EAST LINE OF A TRACT OF LAND CONVEYED BY DEED TO JOE T. SIMPSON AND SPOUSE, BARBARA $. SIMPSON, RECORDED IN VOLUME 3097, PAGE 570, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 00 DEGREES 06 MINUTES 15 SECONDS EAST, ALONG THE WEST LINE OF' SAID TRACT I AND THE EAST LINE OF SAID SIMPSON TRACT, A DISTANCE OF 372 84 FEET TO A 5/8" IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID SIMPSON TRACT; THENCE NORTH 89 DEGRF. ES 47 MINUTES 03 SECONDS WEST, ALONG THE SAID WEST LINE AND THE NORTH LINE OF SAID SIMPSON TRACT, A DISTANCE OF 199 88 FEET TO A 1" IRON PIPE FOUND AT THE NORTHWEST CORNER OF SAID SIMPSON TRACT IN THE EAST LINE OF A TRACT OF LAND CONVEYED BY DEED TO fED ARTHUR COOPER AND WIFE, CAROL JOY COOPER, RECORDED IN VOLUME 3097, PAGE 459, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 00 DEGREES 12 IvliNUTES 13 SECONDS EAST, ALONG SAID WEST AND EAST LINES, A DISTANCE OF 428.63 FEET TO A 1/2" IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID COOPER TRACT; THENCE SOUTH 89 DEGREES 43 MINUTES 30 SECONDS WEST, ALONG SAID WEST LINE, TH~ NORTH LINE OF SAID COOPER TRACT, AND THE NORTH LINE OF A TRACT OF LAND CONVEYED BY DEED TO DOUGLAS TURNER AND WIFE, fEANETTE, RECORDED IN VOLUME (=43, PAGE 443, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 437.36 FEET TO A 2" IRON PIPE FOUND IN THE EAST LINE OF TRACT IV CONVEYED BY DEED TO HrLLWOOD/lvlcCUTCHIN, LTD, RECORDED IN VOLUME 2470, PAGE 675, DEED RECORDS, DENTON COUNTY, TEXAS, THENCE NORTH 00 DEGREES 28 MINUTI~S 31 SECONDS WEST, ALONG SAID WEST 1 KSLD\WILLOWLK~9 $20040 I~SDATA~DENTON.FNS May 28, 1~99 1 ~. hEI6 01096 LINE AND THE EAST LINE OF SAID TRACT IV, A DISTANCE OF 499 36 FEET TO A 1" IRON ROD FOUND IN THE AFORESAID SOUTHEAST RIOHT-OF-%VAY LINE OF INTERS/)ATE HIOHWAY 35-W (A VARIABLE WIDTH RIGHT-OF-WAY); THENCEIALONO SAID WEST LINE AND SAID SOUTHEAST RIOHT-OF-WAY, THE FOLLOWINO TIIREE COURSES AND DISTANCES NORTH 29 DEOREES 23 MINUTES 45 SECONDS EAST, A DISTANCE OF 692.68 FEET TO A CONCRETE MO~T FOUND FOR CORNER; NORTH 23 DEGREES 59 MINUTES 37 SECONDS EAST, A DISTANCE OF 201.38 FEET TO A CONCRETE MONUMENT FOUND FOR CORNER; NORTH 29 DEOREES 23 MINUTES 41 SECONDS EAST, A DISTANCE OF 50 58 FEET TO THE POINT OF BEOINNINO AND CONTAININO 502.880 ACRES OF LAND, MORE OR LESS, SURVEYORS CERTIFICATE I, MICHAEL $ BAITUP, REOISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THE I~REON LEOAL DESCRIPTION ACCURATELY REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A SURVEY, :,L-SDE ON TH~ OROUND UNDER MY DIRECTION AND SUPERVISION AND 5/8" IRON RODS CAPPED "CARTER & BUROESS" HAVE BEEN SET AT ALL BoUNDhl~y COR.NE~, UNLESS OTHERWISE NOTED. THE lviO~S OR MARKS!SET, OR FOUND, ARE SUFFICIENT TO ENABLE RETRACEMENT. , REOIS'I~ERED PROI*ESSIONAL L'AND SURVEYOR ~ TEXAS REOISTRATIONNO 4574 ] ~S LD\~.,LOWLK~9820040 BSDATAtDENTON FNS M~y 28, 1999 ,,, 20. til 16 0109 7 Exh,bit B (To Annexation Agmt.) DRAFT ANNEXATION SERVICE PLAN: TRACTS #1, #2, & #3 CASE NUMBER: A-82 AREA: 472 A~ras LOCATION: In the far somheestem se~lon of the City of Denton ETS, m the vicinity of Crawford Road, Interstate Highway 1-35W, and U S 377 Mumcipal~services to the site descnbed above shall be furrnshed by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule A. Police Protection In the short term, the Police Department can prowde service to Tracts #I,//2, end #3 using emstmg resources, resulting in response Umes consistent with other undeveloped perimeter areas of the city In the longer term, the Police Department estimates that service can be provided vothln average response times for the City as a whole, w~th the addition of 24 sworn and 8 non-sworn personnel, phased in proporUon to popuhuon ~rov~h wi*_bm the annexed tracts B. Fire Protection and Emergency Medical Services Fire service will be avmlable though existing facilities dunng the interim period when the annexation tracts remain for the most pan undeveloped A new Fire Station #7 will be needed in the future to provide service to the annexed tracts, to be located m the vwimty of the 1-35W / F M 2449 intersection The City of Denton Fire Department Five-Year Strate~c Plan is sc.heduled, to be presented to City Council on March 30th, 1999 The plan v~ll provide additional detan regarazng proposed fire and emergency service delivery to all pans of the city, including Tracts #I, #2, and #3 C Water / Wastewater Sennces Current City ofDanton CIP funding is pro~rammed for the constru~on ora 20-tach water line extension that will reach the Hills of Argyle subdivision on U S 377 The line will be extended fuixher south to Tract #3 in a subsequent phase Construction of these unprovements will begin withm~2 years and will be completed within 4t4 years Development w~thln Tract #3 is expected to run the line west to 1-35W The property owners of Tracts #I and/vi will be expected to extend water lines from I-3~W to deliver water for development Interim water service options are available Wastewater service will be made available throu/,a eithi r extensions from the Hickory Creek ~nterceptor sewer systemor through on-site treatnlent plants that ar.~ owned, opersted, and maintained by the City o~'Denton See Annexation Ser'ace Analyseis f°r further a~'t/ul D. Stormwater Drainage Services Drainage improvements will bo made by property owners at the time of development Mamt~nanoo will bo the r~ponsibility oftha City of Danton, supported as a function ofwatsr and wastewatar fund transfers paid by rate payers E. Solid Waste Collection and Disposal Solid waste s~rvic~ are available to the annexed traas F~amng contracts between customers and private waste haulers will not be disturbed l~qmpment and personnel needed to serve new development will be added m proportion to ~rowth m the customer base F. Elecffie Utilities Electric service will be made available upon request to all of the property vatlun the areas being annexed G. Parks and Recreation Services Neighborhood parks roll be provided as residential ~rowth occurs, as per the City of Denton Park Dedication Ordinance One community park will be needed in the longer term The commumty park and additional personnel will be funded as appropriate through city funds H. Streets and Roads '" Crawford and Florence Roads, located on the perunater of'tract #1, w~ll not be annexed, and vall remain the responsibility of Danton County loimson, lohn Paine, and Alked Roads in Tract #3 will be uplp'aded by private development, and ultimately maintained by the City of Denton F M 1830 (Country Club Road) is a state facility and vall be upgraded and maintained by the Texas Department of Transportation (TXDOT) L Building Inspections / Code Enforcement Services Services are available now for the areas to be annexed Additional personnel vall be dedicated to the areas to be annexed as dictated by ~rowth ,I. Library Services The Library Master Plan will determine the appropriate method of service delivery for all areas of the city, and is near completion The plan w~il be presented to City Council in late April 1999 EXqiI~IT "C" landsc~p~ ~ ~jnc~t to ~ ~htbtt "A" ~xlmum numbe~ of singl~y lots of 1~87S ~.~ 1o~ per I~0 M~: 8,~0 sq~ f~t ~ I~ lot ~ 600 ~m~m~: 7,000 sq~ f~t ~ ~ lot ~ Bal~ce ~,~00 sq~ feet or l~ lot ~ Mm Lot S=e 8,~0 sf 7,000 sf 5,~00 sf Mm Lot Wtd~' 70' ~0' ~0' Lot M~ Bldg Cov~ge S0% 50~ ~en Space p~ Lot 20% 20% 20% Front ~ set-bac~ ~, 20' 20' Re~ ~d set-bac~ 20' 15' I 0' S~d~ ~rd set-back 7' 5' M~ Height 36' 36' 36' ~closcd ~g~: (A~chcd ~ ~h~ c~ot ext~d m 2 c~ 2 c~ 2 c~ ~ont of house M~t be fl~h ~ be~d) M~o~ reqm~t* 80~ 80% 80% *~0% of ~e ~c ~ of ~ ~tmor ~ ~l~g ~, ~bl~, p~h~, ~dows, doo~, ~d ~ndows M~o~ mcl~ ~ ~ne, ~co, ~ ~dy p~ ~ o~ c~e ~od~L Detached h~g,q~ ~owed ~ow~ ~lowed or home Alleys Not ~q~ Not ~ Not ~quwed ~ ~oape mq~t ~ ~ C~ ~ce but ~h lot m~ pl~t at l~t (1) 4" me~d t6" ~o~ ~ ~,o~d ~ ~ pl~g ~ b~ ~ ~ ~ ~ ~L ' ~ D~ ~lve Plsn fo: ~m~l avenue ~ ~ p~ ~OH~ ~i~ mil ~ ~ colle~or s~ ~t ~m,,y ~ ~ ~d ~m~ (~ ~c~s) v~ ~ ~cwe~ '~e ~e colleclor ~ ~ ~c~s ~e sO~ol ~ ~hb~d c~, ~ ~ ~d roms ~ Cl~'s c~ ord~ce ~c~t ~ ~ ~I1~ 6~ t~ot ~O.W., ~o 6' p~S ~ ~I~ ~ ~, ~e s~ of ~ ~11 ~vc ~ ~' ~ ~d ~ o~ s~ ~ll ~ve a ~' s~ ~ ~ ~ ~I be ~mlt according to c~s~g o~o~; ~ ~ ~ be a f' pl~g ~ ~ ~ ~ md ~ ~ Some c~rcle~--'----.- ~~-- , .~ ~ rdads ' ' _ TI'~IL~ loeateo on ~sl~nnal stde of a s~ no stdcwSk is ~u:~d on ~e oppostw ~de ~:ls locat~ along p~, l~cs, ~d open ~a:e ~ between lots shall be of a ~d~ ~d mamnal (mat~ l~s :n~vc ~d less ~pens~ve ~ conc~te) a~e~ :o be~een ~c P~ Dep~t ~d Develops. T~Is s~ll Icad to ~ nc:ghborhood cent~, schools, p~ ~d opm ~aces GENERAL All sidewalks shall be $' unde unless dcslgnatcd a trail 2 All mailboxes, street sik, ns and light poles w~ll be "thcmed" to match and chfferenuate the development 3 The Developer or a builder m the project is allowed to ms~cd signs advcmsmg development One on 1-35W and two (2) on S H 377 mcasunn~_e-.w.-~, ~ ,..~ 4 Allow the ~nstallation of entry features (s~ffnage) and landscaping in the City ILO W~ 5 Prowde water to the H O A at cost NO City fees rcqutred for any ~mprovements bruit for the H O A , ~ t~[~16~ O1102 -! ~b16 01103 ~ento~ Comnre!,~ensive l~;an June Fibre 15.3 Proposed Aus~-Locust Street Conse~a~on Dfst~ct Fibre 15.4 Proposed Bell Avenue Conae~aflon District Drat entonCom rehenstvePlan .. _ e _ .. J_un.e 22_. .1999 ltlO~ 1. Goal Protect mthvidual sites or aspects of areas identified as being ofhistoncal mgmficance 2. Strategies The,city will encourage voluntary landmark designation as a vehicle to protect sites with historical slgriJ~cance In those cases where structures located m the downtown area do not qualify for histonc designation, encourage use of Property Appearance Gmdelmes when renovating, to maintain a consistent and aesthetic atmosphere. When unprovmg infrastructure within histonc districts, efforts will be made to identify and preser~ e historically Slgmficant features Infrastructure construction will be reviewed by participating de- partments prior to performing work D. ARCHEOLOGICAL 1. Goal Protect remaining archeologlcal resources 2. Strategy Steps should be taken to ensure that important rcmam~ and amfacts are not &sturbed whenever possible. In some instances, mitigation may be achieved simply through documentation rather than complete preservation The presence of archaeological remains and amfacts may not necessarily prevent development of a site Section 15The Street The "Street" can be defined as the most important, endunng public space that determines our urban environment The "Street" should be comfortable and enjoyable, as well as provide efficient movement of people and goods · The "Street" is the smgle largest pubhc space m the City end should be acknowledged on that level · The street shovld complement the chstmc~ve character of the neighborhoou or district while providing connections to adjoining nelghoorhoods · Formation of the Street will include pl~scnpUve stanclarc,s, which specify exactly how a facility is to be bruit and performance standards that describe the objectives a faclhty w~ll meet Our "Streets" need to be aesthetically and envtromnentally pleasing and sensitive to local situations and needs C~yDocurt~nts\Co.,t,,~hmmvePlan~ublicRew~wF. diflon EXIiIBIT~4~ c.~ 84 ~ -,,- ,-~e.ron ~...e~..,nrehensive Plan June Pubhc Revle~ Edmon Costs should be b~ed on co~dem~on ofhfe ~cle costs, level ofs~ce, ~d level of risk ~d ~pact offacih~ fdl~e = ~e "S~eet" h~ a major ~pact on c~atmg development ~at ~s s~t~able, ~h~g wa~Ic co~, ~d crea~ng a ple~t ~d n~g ~n~ent for o~ c~e~ · By be~er dlsmbu~g ~e cost per ho~old ~u~ mcr~ed d~lUeS, &e cost benefits of ·ese new s~eet req~emen~ ou~ei~ ~e zmtz~ cos~ ~ m f~t ~e per dwelling ~t xs lower th~ conv~tton~ developm~t Pubhc bmefits include ~d~mg ~e b~den of~c ~c~e ~d ~e t~ b~e ~ well ~ mc~mg m :~e = ~e l~ge lot s~eet section ~s b~cly ~e s~e ~ c~ently ~ed m ~s~dena~ developmen~ of~l densmes · Reduct~o~ m res~denaal speed lints ~c included benefi~ ~ong ~ ~ducao~ m sweet pavement ~d~, s~n~cd pedesmmsm, ~c c~g useage ~d s~eW facto~ ~ recent Msto~, D~ton h~ developed excl~:vely on ~e back of~e single occup~t veMcle Sub~b~ sprawl h~ ~pacted o~ M~ways ~d ClW mMways ~ people ~d ~e~ way ~u~ Denton regional ~pa or into Denton ~om outl~ng ~e~ ~e l~gest single :ssue we face :s ~ducmg ~e need to continually exp~d ~e Tr~sponat~on RoMway System ~e best avmlablc solution ~s to ~brace deme, more compact developm~t such ~ ~e U~ V~Uagc conc~t where ~ps ~e saasfied mtem~ly using Multi-Modal Tr~ponat~on Modes Street D~elopment S~eets ~e g~e~ly cl~s~fied into Freeways, Major ~cn~s, Secon~ ~enM$, Collecto~ Loc~es~d~t~al S~ee~ Each or.ese RoMway Cl~s~fica~o~ h~ tuque s~ect secao~, ~emacs and assoc:ated infrastructure The development of these sections need to prov,de the bas,s for sustainable developmen$ ST~ETS ~ ~LEY bloc~ ~d mom dele development 1~ 1)~e mterc~ec, ed system prov,des ~~i~~- mul~p le mut~ ~ & ~e ~tomobxle ~c, ~d also shorten w~mg d~st~cos ~e panem keeps loc~ ~fic offm~o~l m~s Figure 16.1 GHd Pa~e~ Development ~~n June 22. 1999 and regional traffic off local strenta The street~ m a neighborhood need to be designed to provide than comfo, rt and automobile movement Slowmg the automobile and mcreasuag as referenced m the Traffic C~t,,,;.,.. ,,-,, . t- ,,,au =~ttv~ encourages the casual meetmgs that form the bonds cfa commumty 'lYafl~c calmmg de-sacs are not allowed '----~t~ ~-ot~cy should be designed rotc new subd,v~s~ons Additonally, cul- This proposal addresses the separation caused by the conventional "ranch home" or "estate lot" concept by moving the home toward the street . s, .t~uctures to be set at a s,,~-.~-, us..m.g bald to Imes fi'om the .... wie wtth . ...... ;t,~,.~ ~me parallel to the stre _right ~.of-w. ay Rmld.to lmes re the ..,~,~.on o~mteraot~ ~, ....... ,,.. et The existing setback ten~.., --- qture on ,~,,~,au~ utttle se~arati n ,~'~,_ ~. __ cl'l ....... ac/cortll~at. ~ o.. -,- ,no acme Il'om the street - Specml residential lot conditions at block ends may not reqmre street frontages where the fi'ont yard faces onto a green or corrtmumty space and there is alley ac- cess to the properly, SupPlemental park. mt Is reqared m tins mstance wlthm the block Rear 1. Residential Alley Yard C,/L I Rear New nezghb°rh°°ds and dlstnc~ with l°ts less than 10,000 .~_ / [ Yard square feet will use public alleys for primary access (Fig- J ufo 16 2). The alley will be dedicated to the pubhc Sohd l''~''- ~ - Waste service will work to serve ~om the alley also serves as fire protection access The alley Figure 16.2 Residential Alley 2. Residential Lane This street Is designed to reduce the unpermeable area from current standards wlule providmg for ha. ~~. sic access needs (Figure 16.3) This street section or the Residen. rial Street may be used at the dis- cretlon of the designer ~ - -~ 10,000 SF lot Imes · No on-street parking al- 20 Feet lOWed · Supplemental parking ltl- sets required within the block or block ends Figure l&3 Residential Lane C ~¥Iy Docu men cS~Compm~v~phn~%bl|o p..~qew Edf~on 86 vraTr enton ( omnrehensive Plan .. _ J~une 22. 1999 e~ EdltlO~ ~s s~et ~s des~ed to reduce ~e tess nee~ ~ 16 4) ~s ~t sect:on or ~e Reslden.d Line may be used at ~e ~scretlon of~e de- . s ~leys req~d ~Yeet · Use w~th lots less th~ ' ~Feet 10,000 SF · h~ess & e~s ~m ~ Figure 16.4 Residential Street lot lines · P~g allowed one s~de 4. Large Lot S~eet ~e l~ge lot (10,000 SF or more) s~eet allows on-s~eet p~g on both s~des wl~ ~e ~vel l~e ~n · e m~ddle ~e 16 5) Use of pe~o~ maends for pnvate c~ __ ~ %4 ;-.~ Planung vorable s Sml~to c~ent r~den- ~ s~eet section 28 Feet = No ~leys = ~gress & egress from 50 Feet s~d ~veways ~ P~g ~bw~bo~ s~des of~e s~eet Figure 16.~ Residential Large Lot Street ~. Rura~Suburban S~eet On ~e outs~s of~e CiW's ~b~mg ~e~ ~s s~eet sectwn will be utfl=ed for pmpemes sub~- wded into one acre or more ~s set'on ~11 ~m the s~e ~ 24 feet ofpavement md bo~ow d~tches ~ong e~er s~de of~e pavement C ~Y D°cumen~C°mP~hm$~vePlan~ubh¢ I~v~ew F'&ti°n EXtH~IT/~ ~- 87 Draft entonCom rehensivePlan ~ June22_..1999 ublic Revte~ Eamon 6. Courtyard Street The courtyard street is designed £or ase Path Acc~s "-- vath either small or large lot develop- , ment (Figure 16 6) The Courtyard [ Large ], Street block length is no roore than 150 Lots feet to faclhtate fire semce No lots Allowed vail 'have ~ontage at the ends of the Alley courtyard so that clear pedestram pas- sage and view comdors can be used to .Shared connect to these systeros · One-way street section · Alley used for small lots 6' Reserved · Ingress & egress from shared Area driveways at large lots · Suppleroental parking reqmred · Access to path systero reqmred at courtyard end Street Access · No pnvate lot frontage at end of courtyard Figure 16.6 Courtyard Street 7. Neighborhood Sidewalks, Land- The sidewalk secUon for all resldentlal cross sec- t~nns vail be 5' to allow two persons to walk to- gether,(F~gure 16,7) Sidewalks and crosswalks vall include altemaUve paving roatenals such as concrete ' and pervious paver materials to prooroote aesthetlcs that blend rotc the neighborhood conc~t versus the starkness of concrete The s~dewalk sectmn vail be placed at the right-of-way line to separate pedestri- ans froro vetucles and to aid re connecting the reai- dentlal structures The rasldent~al sldewall~ are ex- pected, to connect to other s~dowalk systems and All of the proposedres~denUal sections vaIlprovide ~:~,-, a nnmmum 6' landscaped area between the s~d~valks and the curb Street trees will be placed in tins area along w~th other nmghborhood specxfic landscaprog to est,blisb the character or thsme of that chstnct Comer el,ps for reaident~al streets vall be 15, Figure 16.7 Sidewalks, Landscaping and Visibility C ~MY li~curr~t~Compmh~.nvePlan~Pubhc Rwn cw Ed~uon EXI'ff~IT~1~ ~'- 88 B. COLLECTOR STREET,~ Collector streets will have mulhple functions, all of wluch are different than residential streets Collectors have to play a major pan m astablislung the multi- ' modal system. The collector hn.~ to provide equal or better aesthetic features to maintain the character es- tablished m the resxdentlal areas Larger comer chps of 25' to $0' will be provided at intersections to en- courage lines ofslght, landscaping, and adequate worn for utlhty tranmuans. The Rasldent~al Collector collects the traffic from resxdent~ai streets and takes it to ma- nor destmatwns or to arterial streets. The lane width will be at the mmunum allowed to promote slower speeds The collector streets complete the overall Figure 16.8 Traffic Circle systemconnectwnsofthegndpattems(Flgure 15 1) · Slowtrsffic, add mterest and set a corner defined m the resldentlai streets The shorter block mtersecuon by givmglt a sense of place lengths and features such as traffic circles (Figure 16 8) will reduce speeds to encourage the feeling of safe xnteractlons between the modes of transportatwn Traffic calming design techmques ~ .- will be used on the resldent~al col- lectors Access management re- qinrements apply ufihzmg tech- ~ tuques lhke ~hared access, driveway separation, and comer clearances "Figure 1~.9 to again maximize capacity while Street Design Features improving the aesthetic character- istics Right-of. way for the residential collectors will provide adequate lines of sight and promote vertical sight clearance levels for landscaping Special right-of-way flares are encouraged to create special design features (Figure 16.9) such as seating areas, landscapmg features, or pubhc art along the linear sections Separations caused by the conventional retail and commercial will now be realized as rmxed uses with vertical integration of offices, retail, and resldentiai The urban village concept moves these types of strucmre.~ to a determined line offset from the street nght-of-way edge wtuch becor es th,~ binld-to line requirement (Figure 16.10) C XMy Docurnent, SXCompreh~nnnwPlan'~ubh¢ Re*,qew Edtnon EXI*I I I~IT~,,~ ~ 89 l~ra~ en~,~n ComnrohenslvePlan June 22. 1999 I~'lOr~ Build -M Lines all structures m.~t be placed at tlus line along front and side yard street frontages Figure 16.10 Build-To Lines 1. Commercial Alley TheCommercxalAlloysectlon(Flgure 16 l l) will be used to pmmote ~ [ better ,new lines, ser'ncmg, parking access and to separate the truck traffic from the mixed use customers The alley also serves as add~- ~ } ~ Figure 16.11 Commercial Alley The Residant~al Avenue will pro,ade for an outside lane on each sxde for ~ Reserved parking use and two travel lanes m / ~ ]~ Plantms the rmddle (Figure l 5.12) No single farmly front or rear yard fi'ontases ~-J '~ '~ .area . Driveway access Mil be to the rear along the Residential Alley where 64' attached,housing or other uses oc- cur along this ~'treet Figure 16.!2 Residentin~ Aven.e · Parking both s,des of the street · No single farruly front or rear yard frontages · hl~ress and e~ress fi*om thc rear at the alley C '~MY Dccumefl~s~Co,,¥i,~heflslvePlan~ublic R~vtew ~dtt~on EXHIBIT/,~ .-- 90 Draft D, ~.eo Corn rehensive Plan Publxc~e~n. li~d~ngo~ 3. Main Street / Mixed Use Collector , , · The Mare Street/Mixed Use Col- widths to promote the flow oftraf- .~fj pla~mg tic and blend the neighborhood Area commerelal/nuxed use center traf- '""' ment regulations vall apply to m~- prove capacity and sight lines s' 22' · Parking on both sides 70' · Single farmlyresldent~al lots front and mar yard Figure 15.13 Main Street / Mixed Use Collector frontages not allowed · Ingress and egress from the rear at the alley 4. Commercial/ Mixed Use Center Collector Commerclal/iVuxed Use Center Col- , lectors (Figure 16.14) will be pro- - ters areas to address the need for m- creased capacity, tracks, and the in- -- tcractlon of the multi-modal trans- . portation system These roadways Ar,a or val' provide for four standard ,~ze, mterse~tions vath artenals, the nghi- of-way should be expanded to pro- , ~ ~' l ~'-6" 8' vide adequate space for right turn ?3' lanes on and offthe anenal Alleys will be utihzed for semcing, park- mg access, andto seperatetn~k traf- Figure 16.14 Commercial Center Collector tic from the ~plcal user · 2 travel lanes with parking or 4 lanes vath no pa~lcmg allowed Single fanul¥ residential lots front and rear yard frontages not allowed · Ingress end egress from the rear at the alley C WIy Docurc, enm\CompmlmmwPlan~ubl[¢ R~vi~v Edition EXI/I~IT,A/ ~ 91 non Szdowalks willbe 8' widoplaced on both .des , .v~'¥.,I~t~ ~'~ ,.~[_~J,,. . to crea!e Class Two Paths that would blend · pedestriansandbicycletraffic(Flgnre 16 1~). .. .~.,. _',~.~ ,~,v. . Since one oft f , ons or,he aais . · "-, the walk should be concrete Concrete pav- ers or other like surface matcnals may be used when commercial/mixed use structures abut the right-of-way line In neighborhood or com- mercial mixed use centers Pavers, other slm,lar paving materials, and those vath rough textures that cause tire vi- Figure 16.15 Sidewalks Figure 16.16 Pavers Figure 16.17 Transit Oriented Design bration will be used to enhance the aesthenc features at intersections, areas of interest, special nodes and comdors, at cross walks, at parks or transit areas, to call attention to the driver that their velucle ~s m an intersection, and to alert drivers to slow their velucles (F, gnre 16 16) Provislous will be made to incorporate transit onented design rote the overall design of collectors Transxt oriented design (TOD) features will be considered essential for htgh density attached hous- ing, rmxed use and large retml or employment centers (F~gure 16 17), Collector streets will also integrate a reserved plautmg area to prowde opportumties for landscaping and chstnct thomas for gree~.~ C '~4Y D°cu mena~nlmehenswePl~Uublic Pa~ew ~di°cn EXItlBIT,A/ ~- 92 ~,'~ :~t' ~,&,_u Co nrehens'v~ Plah June 22. 1999 ~enals ~ cl~sffied ~m Pm~ ~ajo0 ~d S~on~ ~en~ m d~s~ed to c~c ~ross a &smct ofto~ (second) or to pm~de ~jor no~sou~ or e~west mums ~mss ~e c~ (ma~ Jo0 ~1 ~ s~e~ should be ~ded ~ a me&~ ~e 16 18) 24' Me&~ at 4'~ ~ ~a~ 5' 11' 12' ~ ' 27' 84' MajorA~enal 130' - 160' R~ht-of-Way Secondary Artenal 120' P~ht-of-Way Figure 16.18 Pnutary and Secondary Arterials · No parking allowed · Reserved planting ut the median and along both sides o£paved lanes · Lmuted ingress and egress through shared dnves and cormectmg streets · Off-street parhng to side or rear of structures · No resldentlal front or rear yards adjacent to arterials · B~kelanes requu-ed · Transit nodes and bus queue jumpers · Special features 1. Arterial Lanes & Access Management Arterials will provide four lanes ut the secondary classlficahon and s~x lanes ut the utajor classflica- twn The lanes shall be standard width except the out lane on each slde wffi putowde for an uttegrated bnke late The desltll of the intersection w~ll blend the utulti-utodal nodes so that the i~.nsfers and utteractlous occur safely and efficiently Access utanageutent tools vall direct the traffic at collector ¢onne¢llous to the arterials and soute m,mrmzed shared dnveway connections C %'vly Docuraen~s~Con.~rehen~vePlanLUubHc Re.aew Edit, on E,~iHlalT, A'"' ~ 93 · ', , · ~-,,~s~ve~'~an ,In e22 1999 2. Bik~ Lan~.., Furniture & Transft Stops.~ t~on (~gure 16.19). Provisions will be , made for transit oriented deal?, (TOD) includ- ing transit stops, park and nde; a~.d other fea- '"! r ecnor ) are at ma or,,,ter- "ecu°ns along arterial streets (F, gur, 16.20) Figure 161~;'"-, Tra~portat~on furmture des~g~ should nmmnt~, lcycle Lane the use ofpubhc tran~t The outerpordon of the nght-of-waymil be used for uUht~es and pedestrian walkways Specific .c"9__ .... space w~ll be pmwded for major utility hnes m ~ adchtlon to the reserve for s~dewalks and the planting area. Pedestrians will remain on the s~de. walks that reduce back down to $' fi'om the larger collector standards Figure 16.20 Bus Queue Jumpers 4. Nodes & Comdors Arterials and arterial intersections vall normally be con- Sldered transportation comdors and nodes where speclal landscaping, pavement materials and other bmldmg re- qutrements are part of the overall presentation of the City of Denton (Figure 16 21). $. Freeways, Expressways & Interstates Note that Freeways, Expressway, and hterstate~ are to- lally under the sunsthcrion of the Texas Department of H~ghways However, special design features along these corridors, nodes and enirancewavs to the City will re- .quire special landscaping, pavem,~-nt matenals ac. t bu, ld- mg requ~ments Figure 1~.11 Corridors & Nodes C.~,ty Documonts~.0mpml~nnv~m~ubl/o R~vt~r~ ~lffon EX~mlT~ ~ 94 ,.,,t c~ttont.~m~r tien.,,ive?lan June22 1999 d~tton D. RETROFIT AND I~CONSTRUCTIO~ When re~.tsli~,~t~olL reconstruction and street refurbishment efforts are plam~cd, every effort will be made to reduce these street pavements, utilize traffic calming devines to slow traffic, update sidewall~, or bmld new ones, and furmsh landscaping where apphcable. ,qldewalks and planting areas ~¥ be established m the interim taking rotc account future plans for the area that include placement of these features Traffic ealm,ng devices in the interim may be used to reduce traffic speeds with techmClU~S such as reduced travel lane stripping or mar!ang, rough pavement texture resets at intersections and along the street, and other methods that are effective m this regard. Use of new street standards is unphclt where redevelopment, retrofit of ex, sting neighborhoods, or re¢onsinlct]on occurs. Utilities, tn tits Street and ~llle~ All utlhty.systems will be desl/ned vath the on~mal subdivision so that they can be conslructed pnor :o placing the paving course on the street or alley A. NEIGHBORHOOD STREET.~ The neighborhood centers subdlvlslons will have alleys. Alleys allow the des]/n of"WET" utihl~es under the street and "DRY" utihiles under the alley Utilities are not to be placed m the resereed land- scape or pluntmg area All ufihties, other than transrmsslon and fecder hnes, wdl be under~.ound. I. Wet Utilities Sewer I/nes will be placed at the centerlme of the street w~th water hnes on one side and storm sewers on the other slde depend/nS on site specific conditions Utility Depazlment Policy encour- ages the placement o£water on the north and east redes where possible Gas would be placed under thc sidewalk on the north or east side as well 2. Dry Utilities Electric, telephone, cable 'IV, fiber optics, and other sm'alar utihtaes will be placed m a duct system where aome reserves are made for future expsus]ons by new compames or reworks/upgrades by ex~stmg compames. Service Cennectmnz will be consolidated except m extreme cmcumstances or where there is an odd number of structures being served This requires usc of joint trenches end placing lines within a set prescribed area instead of the continuous separation across the entire lot Tlus is pamcularly critical for small lot, attached housing, clustered and compact developmen~ 3. Special Lot Conditions Large 1~ d/stnots and neighborhoods v~li have all utihties m thc front right-of- ara;, The WET utilities will be placed like the small lot blocks and neighborhoods The DRY utthr, es would be placed Jn a duct bank (wit[ expansion mom) under the sidewalk opposite the gas hne L~erv~ce lines will be consolidated as much as possible to raaxumze the area where unchst~d:ed landscaping and aesthetic mlprovem ents occur All utiht~es, other than transrmaswn and feeder lines, will be under. ~round C '~f¥ Documenm~Comprehen~velq~ublfc Review Edmon EXH~IT~ ~ 95 ~,, ,,l~ :~,at n i.omr~re en iv Plan uno 22. 1999 ltlOn U~Im~ m ~e Co~tor S~st n~t~f-way ~ be pl~ed ~ deacnb~ m ~e 1~ lot &smct or ne~- borhood of R~dm~ S~e~. U~H~ ~ not m be pl~ m ~e l~&c~e or U~ll~es~ o~ th,n ~s~on ~d fe~ ~, ~ be M~y ~ ~II ~ve to pm~de ~eq~te mom for ~szon or ~ ~ A ~ffic lo.on ~II be prodded for ~ese on major ~d s~on~ ~. ~e n~tmf-~y ~se~e ~d ad~ ~s~e on e~h szde ~d ~o~ l~c~e ~e ~th!~ v~le ~d~ ~ be b~ on ~e need for ~ ~ ~d for pl~ of ~sszon ~ for u~lm~. ,U~h~ ~ not ~o be pl~ed ~ ~e l~c~e ~e ~ ~ u~, o~ ~ ~sszan ~d f~d~ ~, ~I1 be ~d~d D. S~D DU~ Develop~ ~H be ~o~ible for wor~g ~ ~I u~ comp~ pm~g s~ce ~o ~e nei~bor- hood m ~ ~ ~s ~c~ zssues ~t ~a ~ ~g~g ~ du~ b~ for ~ u~hnes Specific ~u~, i~a~on pom~, ~d me~o~ m~t be zd~Ufied for ~co~o~g ~e mvolv~ u~Imes Duct b~ ~H pm~de a mln,m~ offo~ ~ed d~ for ~ up.des, or ~l~em~t ~d ~H be prodded by ~e develop~ Street Aesthetics The "Street" m more than just a place to move people and stow ut~ht~es As the most mteuslvely used public space in the urban landscape, the Street should also be recogmzed as a social space, a "thread" that can hut together neighborhoods, mstatut~ons and busmass It's design and appearance should reflect the importance of this space and the desired ~mage of the commllnlty Elements of this aesthetic image Include street trees end otherplants, colora end textures used on paved surfaces, hghtmg, slgnage, public art, l and site funuture These elements can be weaved together to create a comfortable and pleasing space through which people in vehicles, on b~cycles, on skates, on foot or m strollers, and the handicapped may Iravol. C ~Vly Docurnm~CompmhensivePlen~eubli¢ Review Edmon E~'~ilBIT~' C__ 96 16 01118 Exhibit D Vmlet Prooertles Assoclates. L P ("Violet") Utility Cost Share Estimate Watsrhne Extension Costs ProJect Description 20" Waterhne Extension from Bent Creek Estates to V~olet property hne along Hwy 377 Approximate total length 17,800 L F Estimated Project Cost $2,606,000 00 LUE's Served 4007 Umt Cost per LUE $650 36 Capacity used by V~olet 39 58% V~olet Cost Share $1,031,454 80 V~olet Annual Debt Payment $106,201 REDAL206098 I 40989 00001 01119 Exhibit E V~olet Provert;es Associates, L. P. ("Violet") Ut~l;t_v Cost Share Estimate Wastewater Extension Costs Graveyard Branch Samtary Sewer L~ne (V~olet / C~ty of Argyle Joint Participation Project) Project Descnpt~on Extension of Sewer Line to Violet property line to serve Violet property and Argyle only Approximate total length 17,628 L F of 21" Sewer L~ne Estimated Project Cost $2,269,000 00 LUE's Served 3475 Umt Cost per LUE $653 00 Capacity used by V~olet 45 64% Violet Cost Shara $1,035,571 60 Violet Annual Debt Payment $106,625 REDAL 206098 I 40989 00001 DRAFT ANNEXATION SERVICE PLAN: TRACTS #1,//2, &//3 CASE NUMBER: A-82 AREA: 472 Acres LOCATION: In the far southeastern section of the City of Denton ETS, m the vicinity of Crawford Road, Interstate I-Iighway 1-35W, and U S 377 Municipal services to the she described above shall be furnished by or on behalf of the City of Dentor~ Texas, at the follovang levels and in accordance with the following schedule A. Police Protection In the short term, the Police Department can pm,nde serwce to Tracts #1, #2, and #3 using eyaatmg resources, resulting In response times consistent vath other undeveloped perimeter areas of the clty In the longer term, the Police Department estimates that serwce can be prowded w~thin average response times for the City as a whole, vath the addition of 24 sworn and 8 non-sworn personnel, phased in proportion to population ~rowth within the annexed tracts B. Fire Protection and Emergency Medical Services Fire service will be available though eyasting facilities dunng the lntenm penod when the annexation tracts remain for the most part undeveloped A new Fire Station #7 will be needed in the future to provide service to the annexed tracts, to be located m the wcinlty of the 1-35W / F M 2449 Intersection The City of Danton Fire Department Five-Year Strategic Plan is scheduled to be presented to City Council on March 30~, 1999 The plan will prowde additional detail regarding proposed fire and emergency service delivery to all parts of the city, including Tracts #1, #2, and #3 C Water / Wastewater Services Current City of Denton CIP funding is programmed for the constru~on ora 20-inch water line extension that w~ll reach the Hills of Arsyle subdivision on U S 377 The line will be extended further south to Tract #3 in a subsequent phase Construcuon of'those unprovements will begin within 2 years and will be completed within 4½ years Development vathin Tract #3 Is expected to run the line west to 1-35W. The property owners of'Tracts #l and #2 vail be expected to extend water lines fi.om 1-35W to deliver water for development Intenm water service options are available Wastewa~ar service will be made available throuFa eitht r extensions from the Hickory Creek interceptor sewer system~or through on-s:te treau, lent plants that ar.' owned, opereted, and maintained by the City of Denton See Annexation Service Analyse~ for further oalul D. Stormwater Drainage Services Drainage improv~{n~ms will b~ ~o by property owners at the time of development Maintenance will be the responsibility of the City of Denton, supported as a thnctlon of water and wastewater fund transfers paid by rate payers E. Solid V~'aste Collection and Disposal Solid waste service are available to the annexed tracts Fa~stlng ~ontracts between customers and pnvate waste haulers will not be dzsturbed Eqmpment and personnel needed to serve new development vail be added in proportion to l~rowth in the ~nstomer base F. Electric Utilities Electnc seia~ice vall be made available upon request to all of the property within the areas being annexed G. Parks and Recreation Services Neighborhood perks vall be provided as residential growth occurs, es per the City of Denton Park Dedication Ordinance One community park vall be needed tn the longer term The commumty park and additional personnel will be funded as appropriate through czty funds H. Streets and Roads Crawford and Florence Roads. located on the penmeter of Tract #1. vail not be annexed, and w~ll remain the responsibility of Denton County Johnson, John Paine, and Allred Roads in Tract #3 will be upgraded by private development, and ultimately maintained by the City of Denton F M 1830 (Country Club Road) is a state fa~lhty and w~ll be upgraded and maintained by the Texas Department ofTransportaUon (TXDOT) L Building Inspections / Code Enforcement Services Services are available now for the areas to be annexed Additional personnel vail be dedicated to the areas to be annexed as dictated by growth I. Library Services The Library Master Plan will determine the appropriate method of service delivery t'or all areas of the city. and ts near completion The plan vail be presented to City Council in late April 1999 01122 SEP 0 1 1999 COUN'P~ CLERK DENTON COUNTY~ TX CYNTNZA HITONELL~ COUNTY A~ ~=40pm Doc/Nu. : 99-R~090195 Doc/T~pe : AGR Re~or~l~g~ 131.00 6.00 Doc/Mgmt Receipt ~: 358~0 Deputy - MARY oRDn ANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT ENTERED INTO BETWEEN THE CITY OF DENTON AND VIOLET PROPERTY ASSOCIATES, L P AS A PART OF THE SETTLEMENT OF LITIGATION STYLED CITY OF DENTON lx DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO 1.4 AND DENTON COUNTY FRESH 1VATER SUPPLY DISTRICT NO 5 FOR THE PURPOSE OF ESTABLISHING A TIMELINE FOR CONSTRUCTION OF THE GRAVEYARD BRANCH EXTENSION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 4, 1999, the C~ty of Denton ("Denton") and %olet Property Associates, L P ("Property Owner") entered ~nto an Annexation Agreement as a part of the settlement of ht~gat~on styled Cay of Denton v Denton County Fresh Water Supply Dtstrwt No 1.4 and Denton County Fresh Water Supply Dtstrwt No 5, and WHEREAS, the Property Owner h, as requested that the Annexation Agreement be amended to set a completion date for Denton's construction of the Graveyard Branch extension and to more fully describe that wastewater hne, and WHEREAS, the C~ty Council deems ~t m the pubhc ~nterest that the F~rst Amendment be approved; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Manager ~s hereby authonzed to execute a F~rst Amendment to the Annexation Agreement entered ~nto by and between Denton and Property Owner dated August 4, 1999, winch estabhshes a completion date for construction of the Graveyard Branch wastewater extension subject to the condmons of the F~rst Amendment m substantnally the form of the attached F~rst Amendment, winch ~s made a part of tins ordinance for all purposes SECTION 2 That the C~ty Manager ~s authonzed to take all of the achons as mchcated m the attached F~rst Amendment SECTION 3 That tins ordinance shall become effective ~mmedmtely upon ~ts passage and approval ~/~.,, X,,~,~ PASSED AND APPROVED th,s the ~'~ day of /V6/Vgff]l/El, 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY /V APP~)VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2 FIRST AMENDMENT TO ANNEXATION AGREEMENT 'i~hts F~rst Amendment to the Annexatton Agreement entered into by and between the parties hereto dated August 4, 1999, (thts "Amendment") ts made and entered into effecttve as of the _~Iday of November, 1999, by and between the CITY OF DENTON, TEXAS ("Denton"), and VIOLET PROPERTIES ASSOCIATES, L.P., ("Property Owner") WITNESSETH WHEREAS, Denton and Property Owner heretofore entered into that certain Annexation Agreement (the "Agreement") dated as of August 4, 1999, pursuant to the terms of which Denton agreed, among other things, to extend ctty wastewater hnes to serve the development of the Property, as more pamcularly described therem WHEREAS, Denton and Property Owner now desire to amend the Agreement as more particularly described below NOW, THEREFORE, for and in constderat~on of the covenants and undertakings set forth m the Agreement, and other good and valuable constderatton, the recetpt and sufficiency of which are hereby acknowledged, Denton and Property Owner hereby agree as follows AGR_E_EMENTS: 1 All terms which arc defined ~n the Agreement shall have the same meaning when used here~n, unless specifically provtded here~n to the contrary 2 Notw~thstandtng the terms and conditions of the Agreement, Denton shall construct or cause to be constructed, at :ts sole cost and expense, subject to the Property Owners repayment of tts proportionate share of the costs and expenses m accordance w~th the Agreement, a wastewater line substanttally tn accordance w~th that certain wastewater hne described m an Exhlbtt A whtch shall be prepared by Albert Halff and Associates and attached to and made a part hereof for all purposes (the "Graveyard Branch Extensmn") The consulttng firm of Albert Halff &Assoctates shall perform the engmeenng design services for the Graveyard Branch Extenston The Graveyard Branch Extension shall be completed prtor to Apr;t I, 2001 (the "Completton Date"), unless the Completxon Date ~s amended tn wrmng by Property Owner or unless the construction of the Graveyard Branch Extenston ts delayed by reason of war, c~wl commotmn, acts of God, government restr~cttons, regulatxons,, or Interferences, fire, flood or other casualty, or other ctrcumstances reasonably beyond the control of Denton, m which case the Completxon D~ate shall be extended for a per~od of t~me equal to the perxod of such delay 3 Th~s Amendment may be executed m separate counterparts, each of whtch shall be an o~tgmal and all of which when taken together shall constxmte one and the same ~nstrument Further, th~s Amendment may be executed by both Denton and Property Owner by facsimile stgnamre, such that execution of thts Amendment by lacs;mdc s~gnature shall be deemed effective for all purposes as though th;s Amendment was executed as a "blue ~nk" orxgmal Dallas4 4374401v 3 40989 00002 4 Except as amended hereby, the Agreement shall be and remain in full force and effect and ~$ hereby ratffied and confirmed by Denton and Property Owner Upon execuuon by the partxes hereto, th~s Amendment shall be promptly recorded ~n the Real Property Records of the Office of the County Clerk, Denton County, Texas ,/, , IN WITNESS WHEREOF, the Part:es have executed th~s Amendment effective tMs the /7g~°'-day of November, 1999 CITY OF DENTON, TEXAS / M~chael Jez, C~I~ Mhnager ~cA~T~n~TEST: ~ty Secretary APPROVAL AS TO FORM Herbert L Prou{y // C~ty Attorney /e PROPERTY OWNER' VIOLET PROPERTIES ASSOCIATES, L.P , a Delaware hm~ted partnersMp By F~rst Regency Enterprises, Inc ~ts General Partner Name T~tle Da0as4 437440 x 3 40989 00002 2 APPROVAL BY COUNSEL: ~flllam S lstrom Terry D, Morgan f,] State Bar No 14454075/ State Bar No 05316300 Terry Morgan & Associates Jenkens & Gfichnst, P C Attorneys for the C~ty of Denton Attorneys for Property Owner Dallas4 437440 v 3 40989 00002 3 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § On thts ,~ day of ~ before~ne personally appeared Michael Jez, City Manager of the C"~-~-y of Denton, Texas and acknowJ~dged to me that he executed the foregoing instrument m his authorized capacity for and on 71~f-of th~ of De,~n NOTARY PUBLIC IN/~i~TD FOR ~ ,:',o,,~' MAY 9, 2002 ! My Commission Expires STATE OF NEW YORK § COUNTY OFfs, _.~ (? § ,~ On this y day of November, 1999, before me personally appeared xj ~,~,,]'~ ~ , P~-ed, cL~ ofFlrstRegencyEnterpnses, Inc ,aDelaware hmltea partnership, General Parmer of Violet Properties Associates, L P, a Delaware lumted partnerslup, and acknowledged to me that he executed the foregoing instrument in his authortzed capacity for and on behalf of said llrmted pa'---"rtnershlp Notary~ Public In a~d For the State of New York MARIA V 5ANTORO /~///'~ 7 ~. -~P~'~ Notary Pubhc, State of N~w York Quahfled in Bronx County ~ ~.~ ~ Comm~ssmn ExplresAug. 17, 19~.Y ~) Printed or Typed Name of Notary My Commission Expires ~/'~' ,/7- > G~' ~ / Dallas4 437440 v3 40989 00002 4 Highway 377 1 20" Water Line Graveyard Branch 21" Samtery Sawer 19,730 L F Lmes are shown for planning purposes only Actual routmg of hnes ts subject to completton of routmg studtes and easement acqutstttor~ Proposed Water and Wastewater Utility Facilities Exhibit A ORDINANCE NO qq- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE ANNEXATION AGREEMENT ENTERED INTO BETWEEN THE CITY OF DENTON AND VIOLET PROPERTY ASSOCIATES, L P AS A PART OF THE SETTLEMENT OF LITIGATION STYLED CITY OF DENTON I/ DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO 1.4 .4ND DENTON COUNTY FRESH W.4TER SUPPLY DISTRICT NO 5 FOR THE PURPOSE OF ESTABLISHING A TIMELINE FOR CONSTRUCTION OF THE HIGHWAY 377 WATER LINE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 4, 1999, the City of Denton ("Denton") and Violet Property Associates, L P ("Property Owner") entered into an Annexation Agreement as a part of the settlement of htagataon styled City of Denton v Denton County Fresh Water Supply Dtstnct No lA and Denton County Fresh Water Supply Dlstrtct No 5, and WHEREAS, on November 2, 1999, the City Council approved Ordinance No 99-412 amending the Annexation Agreement to establish a tlmehne for construction of the Graveyard Branch wastewater line extension, and WHEREAS, the Property Owner has requested that the Annexation Agreement be amended a second tame to set a completion date for Denton's construction of the highway 377 water line and to more fully describe that water line, and WHEREAS, the City Council deems it in the public interest that the Second Amendment be approved, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Subject to the Property Owner executing the Second Amendment to the Annexataon Agreement and after approval of the document by the City Attorney, the City Manager is hereby authorized to execute a Second Amendment to the Annexation Agreement entered into by and between Denton and Property Owner dated August 4, 1999, which establishes a completion date for construction of the Highway 377 water line subject to the conditions of the Second Amendment in substantaally the form of the attached Second Amendment, which is made a part of this orchnance for all purposes SECTION 2 That the City Manager is authorized to take all of the actions as indicated in the attached Second Amendment S]~(~TION 3 That this ordmance shall become effective immediately upon its passage and approval JACK~ ATTEST YENNIFER WALTERS, CITY SECRETARY Page 2 SECOND AMENDMENT TO ANNEXATION AGRF~EMENT This Second Amendment to the Annexatxon Agreement entered xnto by and between the part~es hereto dated August 4, 1999, (th~s "Amendment") is made and entered ~nto effective as of the / gu day of November, 1999, by and between the CITY OF DENTON, TEXAS ("Denton"), and VIOLET PROPERTIES ASSOCIATES, L.P., ("Property Owner") WITNESSETH. WHEREAS, Denton and Property Owner heretofore entered into that certain AnnexaUon Agreement (the "Agreement") dated as of August 4, 1999, pursuant to the terms of which Denton agreed, among other th~ngs, to extend c~ty water hnes to serve the development of the Property (as more particularly described thereto) WHEREAS, Denton and Property Owner heretofore entered into that certain F~rst Amendment to Annexation Agreement, dated November , 1999, pursuant to the terms of which Denton agreed, among other th~ngs, to complete or have completed the Graveyard Branch Extension (as defined there~n) by April 1, 2001 WHEREAS, Denton and Property Owner now desire to amend the Agreement as more parucularly described below NOW, THEREFORE, for and ~n consideration of the covenants and undertakings set forth ~n the Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Denton and Property Owner hereby agree as follows AGREEMENTS 1 All terms which are defined ~n the Agreement shall have the same meamng when used here~n, unless specifically prowded herein to the contrary 2 Notwithstanding the terms and cond~tmns of the Agreement, Denton shall construct or cause to be constructed, at ~ts sole cost and expense, subject to the Property Owners repayment of ~ts proportionate share of the costs and expenses ~n accordance w~th the Agreement, a water hne substantmlly tn accordance wnh that certain water hne described ~n an Exhibit A which shall be prepared by K~mley-Horn & Assocmtes, Inc and attached to and made a part hereof for all purposes (the "H~ghway 377 Water L~ne") The consulting firm of Kunley-Horn & Associates, [nc shall perform the engineering design serwces for the H~ghway 377 Water Line The H~ghway 377 Water L~ne shall be completed prior to Aprd 1, 2001 (the "Completion Date"), unless the Completion Date ~s amended ~n wrmng by Property Owner or unless the construction of the H~ghway 377 Water Line ~s delayed by reason of war, c~wl commotion, acts of God, government restncttons, regulations, or ~nterferences, fire, flood or other casualty, or other c~rcumstances reasonably beyond the control of Denton, m which case the Completion Date shall be extended for a period of t~me equal to the period of such delay Dallas4 444134 v 2 40989 00002 3 This Amendment may be executed in separate counterparts, each of which shall be an ormgmal and all of which when taken together shall constitute one and the same instrument Further, th~s Amendment may be executed by both Denton and Property Owner by facsumle s~gnature, such that execution of th~s Amendment by facsimile s~gnature shall be deemed effective for all purposes as though th~s Amendment was executed as a "blue ink" original 4 Except as amended hereby, the Agreement shall be and remain m full force and effect and ~s hereby ratified and confirmed by Denton and Property Owner Upon execution by the part~es hereto, this Amendment shall be promptly recorded in the Real Property Records of the Office of the County Clerk, Denton County, Texas IN WITNESS WHEREOF, the Parttes have executed th~s Amendment effective th~s the I ~-'-day of November, 1999 CITY OF DENTON, TEXAS ' l~h~ha~l/Jez, ~r~VIl{nager .~EST: ~, {J. On~i}-er ~qalters- - _ 'g~ty Secretary APPROVAL A.S T~) FORM Herbert L Prouty ,~ City Attorney ~/ Dallas4 444134 v 2 40989 00002 2 PROPERTY OWNER: VIOLET PROPERTIES ASSOCIATES, L P , a Delaware hm~ted partnersMp By First Regency Enterprises, Inc, ltS General Partner Title V'(~ Dallas4 444134 ~ 2 40989 00002 3 APPROVAL BY COUNSEL' Tgrry D iV~rgan ' J,} ~l]ham S~'Dahlstrom State Bar No 14454075/~/// State Bar No 05316300 Terry Morgan & Associates Jenkens & Gflchrlst, P C Attorneys for the City of Denton Attorneys for Property Owner Dallas4 444]34 v 2 40989 00002 4 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON On this ~ day of I'ff~'~ ............. before me personally appeared Michael Jez, City Manager of the Cay of Denton, Texas and acknowledged to me that he executed the foregoing instrument in his authorized capacity for and on behalf,6~t~e City of Denton // :--~..;~ -. ~_~...::-- .---~-----'-~ NOTARY I~UBLIC IN ~dNDjZOR ~1 ~.~.~;\ ANN FOflSYTHE ~ ............. ' My Co~ss~on Expires ~' ~/'~ STATE OF NEW YORK § COWTY Og 2n ,this //'b'/'~'day of ~vember, 1999, before me personally appeared ~t~E/~ ~ ~.~, ~4' ofF]rstRegencyEnte~rlses, Inc ,aDelaware hm]ted parmersh]p; Gefieral P~tner of V~olet Propemes Assocmtes, L P, a Delaware l~]ted partnership, ~d ac~owledged to me tMt he executed the foregmng instrument m his au~onzed capacay for ~d on behalf of smd hm~ted p~tnersbp. Not~y ~bhc In and For the fft~te ~ New York Noa~ Public S~te of N~ Yo~ No 01VA5082616 ~mted or Typed Nme of Notary C0mm~,0, ~,r~ Ju~ za~ / My Co~ss:on Expires ~ o / Dallas4 444134 v 2 40989 00002 5 Highway 377 20" Water Line 17,750 L.F. 'P Graveyard Branch ~ 21" Semtary Sewer '~' 19,730 L F Lines are shown for planning purposes only Actual routing of hnes ts subject to completton of routing stu&e.~ and easement acqut, ttton. Willow Lakes (Huffines Development) Proposed Water and Wastewater Utility Facilities ~xhibit A